State of Minnesota Department of Public Safety Affirmative Action by iqm86975

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									    State of Minnesota

Department of Public Safety

  Affirmative Action Plan

        2006-2008
                                         TABLE OF CONTENTS

Statement of Commitment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Affirmative Action Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-6

Dissemination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

Complaint Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Illegal Discrimination/Sexual Harassment Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9-13

General Harassment Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14-16

Investigation and Resolution of Employee Misconduct Policy . . . . . . . . . . . . . . . . . .17-26

Utilization Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27-29

Goals and Timetables. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30-37

Program Objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38-39

Methods of Auditing, Evaluating and Reporting Program Success . . . . . . . . . . . . . . . . .40

Pre-Hire Review Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41-43

Weather Emergencies and Evacuations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44

Emergency Declarations Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45-47

DPS Town Square Facility Emergency Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .48-56

DPS Town Square Building Evacuation Radio Procedures . . . . . . . . . . . . . . . . . . . . 57-58

Mobility Impaired Emergency Exit Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .59-62

DPS Town Square Location First Responder Team Operations Guidelines . . . . . . . .63-67

Reasonable Accommodation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68

Reasonable Accommodation Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69-71

Recruitment Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .72

Retention Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73-74


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                     STATEMENT OF COMMITMENT

As Commissioner of the Minnesota Department of Public Safety, I support the State’s
commitment to a diverse workforce that provides the best services to the citizens of
Minnesota. I support the State’s equal employment opportunity policies and affirmative
action efforts. I personally and officially encourage all employees to appreciate and
respect the differences of our colleagues and the customers we serve.

It is the policy of this state and of this agency to provide an employment environment that
is free of any form of discrimination or harassment on the basis of race, creed, color, age,
disability, religion, sexual orientation, national origin, status related to public assistance,
activity on local human rights commissions, marital status or political affiliation. All
employees are responsible and accountable for their own actions and expected to adhere
to Department policy. Managers and supervisors are held accountable to ensure that
affirmative action programs are implemented including efforts to affirmatively retain and
promote protected group employees. In addition, all new employees are trained in
respectful communication in the workplace and preventing discrimination and
harassment.

The Director of Internal Affairs and Affirmative Action, Cassandra O’Hern, reports
directly to me. She serves as the Affirmative Action Officer and the ADA Coordinator.
She is responsible for maintaining and updating the Department’s Affirmative Action
Plan, implementing and monitoring the Department’s affirmative action efforts, reporting
on the effectiveness of these efforts, investigating complaints that allege conduct in
violation of the Department’s discrimination and harassment policies, supporting
recruitment efforts and providing training on respectful communication, cultural
awareness and preventing discrimination and harassment in the workplace.

I am committed to the implementation of the Department’s 2006-2008 Affirmative
Action Plan. Our goal is to have a qualified workforce that is representative of the
communities we serve. I encourage all Department of Public Safety employees to
actively partner with me to achieve this goal.



_________________________                                              July 26, 2006
Michael Campion, Commissioner                                          Date
Department of Public Safety




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           AFFIRMATIVE ACTION RESPONSIBILITIES

COMMISSIONER

Responsibilities:
   A. To designate the Department Director of Internal Affairs and Affirmative Action
      who serves as the Department’s Affirmative Action Officer and the ADA
      Coordinator.
   B. To approve and sign the Department’s Affirmative Action Plan and all other
      policies relating to Affirmative Action, discrimination and harassment.
   C. To require the inclusion of affirmative action objectives in the performance
      evaluations of each Assistant Commissioner, division director and staff office
      director.
   D. To take action, if needed, on complaints of discrimination.
   E. To ensure final determinations on employee complaints of discrimination.

Accountability:
The Commissioner shall be accountable directly to the Governor and indirectly to the
Commissioner of the Department of Employee Relations.


DIRECTOR OF INTERNAL AFFAIRS AND AFFIRMATIVE ACTION

Responsibilities:


   A.      To develop, implement and monitor the Department’s affirmative action
           programs.
   B.      To serve as the Department’s ADA Coordinator.
   C.      To review and recommend changes in policies, procedures and programs to
           ensure affirmative action is enforced throughout the Department and
           compliant with state and federal laws.
   D.      To work closely with the Department’s recruiters to ensure protected group
           persons are sought for any openings within the Department, especially in the
           areas where disparities exist.
   E.      To work with units to establish written goals, objectives and strategies for
           affirmative action in each unit.
   F.      To investigate and mediate formal and informal complaints alleging conduct
           in violation of the Department’s discrimination and harassment policies.
   G.      To conduct and facilitate affirmative action training seminars, orientation
           programs and other agency programs and seminars.
   H.      To submit affirmative action reports, as required, and coordinate
           communication involving affirmative action and equal opportunity.



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   I.      To identify and eliminate barriers to equal employment opportunities within
           the Department.
   J.      To monitor and enforce the Department’s Pre-Hire Review policy with respect
           to all appointments before hiring decisions are authorized.
   K.      To serve as a liaison between the Department and the Department of
           Employee Relations.

Accountability:
The Director of Internal Affairs and Affirmative Action is directly accountable to the
Commissioner.


HUMAN RESOURCES DIRECTOR

Responsibilities:

   A.      To review classifications, qualification requirements and procedures in order
           to eliminate selection factors having no significant relationships to job
           performance.
   B.      To maintain records that will enable the analysis of all portions of the
           selection process.
   C.      To oversee all openings in each division and section and publicize both
           competitive and promotional examinations throughout the Department.

Accountability:
The Human Resources Director is directly accountable to the Commissioner.


MANAGERS & SUPERVISORS

Responsibilities:
   A.      To communicate the policy and spirit of the Affirmative Action Plan to
           employees under their supervision. The Director of Internal Affairs and
           Affirmative Action will be available to assist them, if necessary.
   B.      To select candidates for new positions or promotional opportunities on the
           basis of training, experience, the Department’s affirmative action goals and in
           accordance with the Department’s Pre-Hire Review policy.
   C.      To submit to the Director of Internal Affairs and Affirmative Action, written
           documentation of the reason(s) for non-selection of a protected group
           candidate for a position where a disparity exists.
   D.      To comply with the Department’s complaint resolution procedure, as outlined
           in this Plan.




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Accountability:
Managers and supervisors are evaluated on their performance with respect to the results
of their implementation and enforcement of affirmative action in their respective
divisions. Supervisors are accountable to their manager. Managers are accountable
directly or indirectly to an Assistant or Deputy Commissioner.


EMPLOYEES IN THE DEPARTMENT


Responsibilities:

   A.      To conduct themselves with dignity and respect to others.
   B.      To create and maintain a work environment free from discrimination and
           harassment.
   C.      To not engage in nor tolerate abuse or violence in the work place and to create
           and maintain a work environment free from fear and violence. Those
           employees who engage in such conduct will be subject to disciplinary action,
           up to and including termination of employment.

Accountability:
All employees of the Department will be evaluated on their performance with respect to
the results of their adherence to and application of the relevant aspects of the
Department’s Affirmative Action Plan. Any employee who engages in illegal
discrimination or harassment in the workplace will be subject to disciplinary action, up to
and including termination of employment. Employees are accountable directly to their
supervisor.




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                                DISSEMINATION

Internal Dissemination:

The Director of Internal Affairs/Affirmative Action will distribute the Affirmative Action
Plan to the Human Resources Office and the Division Directors with directions detailing
their responsibility to support and implement the plan. Each Division Director is
responsible to ensure that employees know where they can view the Plan or obtain a copy
of it.

The Affirmative Action Plan will be made available on the Department’s intranet for
access by employees.

The Commissioner’s Statement of Commitment will be sent to all employees via e-mail,
with directions for supervisors to make the information available to staff without e-mail
access. The e-mail will also notify employees of the completion of the 2006-2008
Affirmative Action Plan along with directions as to where to view the Plan and how to
obtain a copy of it.

A copy of the Affirmative Action Plan will be available in the Human Resources Office.

Any employee seeking a copy of the Plan may contact the Director of Internal
Affairs/Affirmative Action for a paper copy or will be referred to the Plan’s electronic
locations.

External Dissemination:

The Department of Public Safety has the statement “an equal opportunity employer” on
agency letterhead and other outgoing correspondence.

The Affirmative Action Plan will be made available on the Department’s internet website
accessible to the public.




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                        COMPLAINT PROCEDURE

The Department of Public Safety has established the following illegal discrimination and
sexual harassment procedure to be used by all employees, applicants and customers. It is
the policy of the Department that all employees work in an environment free from illegal
discrimination and sexual harassment. All Department employees are covered under this
policy. All employees are expected to conduct themselves with dignity and respect for
others. Employees are responsible for creating and maintaining an environment free
from illegal discrimination/sexual harassment. The Department does not tolerate sexual
harassment or other illegal discrimination among its employees and will take appropriate
corrective action against employees who violate this policy. The Department does not
tolerate any reprisal. Any such retaliatory action may result in discipline, up to and
including termination of employment.

The Director of Internal Affairs/Affirmative Action is responsible for determining
whether a complaint is properly a discrimination complaint or a complaint alleging
general harassment or another form of employee misconduct. After the IA/AA Director
makes such a determination, the Director assigns an investigator to conduct an
investigation into the complaint. Claims of general harassment or other forms of serious
employee misconduct are also investigated by an investigator selected by the Director.
The investigator is assigned no later than one week upon receipt of a complaint.
Complaints may be initiated verbally, in writing or by e-mail. There is also a citizen
complaint form accessible on the DPS internet website.

Every effort will be made to complete the investigation within 60 days. The investigator
assigned to the matter will inform the complainant when the investigation cannot be
completed within the 60 day time period with an estimated date of completion.
Investigations shall be completed thoroughly and will not be compromised to meet a time
deadline. The complainant will be informed when the investigation is complete by the
Director. Requests for information compiled throughout the investigation are treated in
accordance with the Minnesota Government Data Practices Act. Within 10 working days
of receiving notice of completion of the investigation, the complaining employee may
appeal to the Commissioner of Public Safety. The Director of Internal
Affairs/Affirmative Action shall notify the Commissioner of Employee Relations within
30 days of final determination of a complaint of illegal discrimination or harassment.
Racial profiling complaints made against licensed peace officers are provided annually to
the Minnesota Peace Officer Standards and Training Board pursuant to Minn. Stat. §
626.8457 subd. 3.

The following specific relevant policies are attached:
DPS Administrative Policy No. 1502-Illegal Discrimination, Sexual Harassment;
DPS Administrative Policy No. 1501-General Harassment; and
DPS Administrative Policy No. 1002-Investigation and Resolution of Employee
Misconduct.



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MINNESOTA DEPARTMENT OF                           ADMINISTRATIVE POLICY
PUBLIC SAFETY                                     NO.     1502
                                                  SUBJECT Illegal Discrimination, Sexual
                                                          Harassment

DIVISION/STAFF OFFICE RESPONSIBLE                 [Signed]
Commissioner’s Office                             APPROVED BY COMMISSIONER

DATE POLICY ESTABLISHED/REVISED                   INTENDED AUDIENCE: All employees
11/21/1994; 04/01/2005

PURPOSE
The purpose of this policy is to ensure that all complaints of discrimination and sexual
harassment will be promptly, thoroughly, and respectfully handled and investigated. This policy
also applies to the handling of complaints against Department of Public Safety employees alleged
to have discriminated against or sexually harassed a member of the public.

POLICY
Illegal discrimination, including sexual harassment, is prohibited by state and federal law.

It is the policy of the Minnesota Department of Public Safety that all its employees be able to
work in an environment free from illegal discrimination and sexual harassment. All department
employees are covered under this policy.

All employees are expected to conduct themselves with dignity and respect for others. Employees
are responsible for creating and maintaining an environment free from illegal
discrimination/sexual harassment.

The Department will not tolerate sexual harassment or other illegal discrimination among its
employees and will take appropriate corrective action against employees who violate this policy.

Employees who engage in sexual harassment or illegal discrimination in the work place can
expect disciplinary action. All disciplinary actions will be considered on an individual basis.
Appropriate corrective action, up to and including termination of employment, will be taken.

The Department will not tolerate any reprisal. Such retaliatory action may result in discipline, up
to and including termination of employment.

DEFINITIONS
For the purpose of this administrative policy, the following terms defined have the meanings
given them.

Sexual Harassment. The Minnesota Department of Human Rights defines sexual harassment as:

"Sexual harassment" includes unwelcome sexual advances, requests for sexual favors, sexually
motivated physical contact or other verbal or physical conduct or communication of a sexual
nature when:
        1. submission to that conduct or communication is made a term or condition, either
          explicitly or implicitly, of obtaining employment, public accommodations or public
          services, education, training, or housing;




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        2. submission to or rejection of that conduct or communication by an individual is used as
          a factor in decisions affecting that individual's employment, public accommodations or
          public services, education, or housing; or

        3. that conduct or communication has the purpose or effect of substantially interfering
          with an individual's employment, public accommodations or public services, education,
          training, or housing, or creating an intimidating, hostile, or offensive employment,
          public accommodations, public services, educational, training, or housing environment;
          and in the case of employment, the employer knows or should know of the existence of
          the harassment and fails to take timely and appropriate action. (Minnesota Statutes,
          Section 363.01, subdivision 41)

Employee. All Department of Public Safety employees including full-time, part-time, temporary,
seasonal, volunteer or emergency worker.

Discrimination. Discrimination includes adverse treatment based upon an individual's race,
color, creed, religion, national origin, sex, sexual orientation, marital status, public assistance
status, age, disability, or membership or activity in a local commission.

Marital Status. "Marital status" means whether a person is single, married, remarried, divorced,
separated, or a surviving spouse and, in employment cases, includes protection against
discrimination on the basis of the identity, situation, actions, or beliefs of a spouse or former
spouse.

Reprisal. Reprisal includes, but is not limited to, any form of intimidation, retaliation, or
harassment directed toward a complaining party.

RESPONSIBILITIES
Department administrators, managers, supervisors, and the director of diversity are responsible
for implementing and enforcing this policy and for enforcing all discrimination and sexual
harassment articles in collective bargaining agreements.

Every employee is responsible for personal conduct in a manner consistent with the spirit and
intent of this policy.

Any claims of sexual harassment or illegal discrimination or violations of this policy will be
investigated by investigator(s) selected by the director of diversity. During the investigation an
attempt will be made to maintain confidentiality as much as is practical, on a need-to-know basis.
The director of diversity is responsible for monitoring the progress of the investigation.

PROCEDURES
The following internal complaint procedure is intended to help the Department and its employees
resolve concerns or complaints of sexual harassment and other types of illegal discrimination:

        1. Employees who believe they have been sexually harassed or otherwise illegally
          discriminated against in the work place, or who have witnessed such behavior among
          other employees, are encouraged to file a complaint as quickly as possible so that these
          matters can be resolved promptly.

          If managers or supervisors learn through an exit interview or other means that an
          employee has left department employment because of alleged sexual harassment or


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          illegal discrimination, the division or office director will conduct an inquiry. A copy of
          this inquiry and any determination made will be forwarded to the director of diversity.

        2. Employees are encouraged to file their concerns and complaints in writing on a
          department Sexual Harassment/Discrimination Complaint Form (Attachment A).
          However, oral complaints will be accepted and processed. Complaints may be filed
          with the employee's supervisor, the director of diversity, or anyone in a supervisory or
          management position in the Department of Public Safety.

        3. The person who receives the concern or complaint will immediately notify the director
          of diversity.

        4. A copy of the complaint will be routed to the commissioner.

        5. The director of diversity will direct and review the investigation.

        6. The director of diversity will report the results of the investigation to the complaining
          employee, the alleged offending person, and the commissioner.

        7. Any corrective action decision or recommendation will be made by the division or
          office director in consultation with those who conduct the investigation, the human
          resources director, and the affirmative action/internal affairs director.

        8. The human resources director shall notify the commissioner of the division director's
          recommendation for disciplinary action, if any action is required.

        9. The director of affirmative action/internal affairs will follow-up with all complaints,
          following completion of case, to assess the current situation and encourage timely
          reporting of any further complaints.

Employees are encouraged to use this procedure, but may also pursue information and/or
remedies through the Equal Opportunities Division of the Department of Employee Relations, the
Equal Employment Opportunity Commission, the Minnesota Department of Human Rights, or
the courts. Employees are advised to check with these agencies to determine the existence of time
limitations for the filing of complaints. Intentional use of this policy or complaint procedure for
reasons of personal malice or abuse toward another employee is prohibited.

APPEAL
Within 10 working days of receiving the results of the investigation, the complaining employee
may appeal the results of the investigation in writing to the commissioner. The commissioner and
the department director of affirmative action/internal affairs will review the results of the
investigation.

The commissioner will notify the complaining employee and the alleged offending person of the
final determination.

TRAINING
Sexual harassment/discrimination training will be provided to all new employees during the
orientation process. Current employees will receive similar training at least once during their
career with the Department of Public Safety. On an annual basis, division directors will receive
refresher training on the sexual harassment/discrimination policy.


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MAINTENANCE OF RECORDS
The department director of affirmative action/internal affairs will maintain records of all
complaints, investigatory materials and other documents. Disciplinary decisions will include a
review of any previous complaints. These records will be maintained according to the Minnesota
Government Data Practices Act. Confidentiality cannot be guaranteed.

Disclosure of information on complaints will be limited to a "need to know" basis. Individual
employees are responsible for maintaining confidentiality. Individuals violating confidentiality
will receive appropriate discipline/corrective action.




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                                                                               ATTACHMENT A

                     Sexual Harassment/Discrimination Complaint Form

Information on the complainant (person filing the complaint):

Name:_______________________________________ Job Title:

Location:_____________________________________ Supervisor:
                      (Division)
Work Address: ________________________________ Work Phone:

Information on the primary respondent (person against whom you are filing the
complaint):

Name:_______________________________________ Job Title:

Department:___________________________________ Supervisor:
                      (Division)
Work Address: ________________________________ Work Phone:

Names of any secondary respondents involved in this complaint:




I believe I was discriminated against because of (check all that apply):
[ ]Race [ ]Sex [ ]Color [ ]Creed [ ]Religion [ ]Disability [ ]Age [ ]Marital Status
[ ]National Origin [ ]Sexual Orientation [ ]Reliance on Public Assistance
[ ]Political Affiliation [ ]I believe that I have been sexually harassed


Date most recent act of discrimination/sexual harassment occurred:



If you filed this complaint with another organization, please provide the name of that
organization:



Describe how you have been sexually harassed or discriminated against. Please include
names, dates, places and all other pertinent information. (Attach additional sheets if
necessary):




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MINNESOTA DEPARTMENT OF                           ADMINISTRATIVE POLICY
PUBLIC SAFETY                                     NO.     1501
                                                  SUBJECT General Harassment

DIVISION/STAFF OFFICE RESPONSIBLE                 [Signed]
Commissioner’s Office                             APPROVED BY COMMISSIONER

DATE POLICY ESTABLISHED/REVISED                   INTENDED AUDIENCE: All employees
02/01/1993; 02/11/2002; 04/01/2005



POLICY
General harassment is prohibited by the Minnesota Department of Employee Relations
Administrative Procedure 1.2 (Harassment Prohibited).

It is the policy of the Minnesota Department of Public Safety that all of its employees be able to
work in an environment free from general harassment. All department employees and individuals
who provide contract or volunteer services (also considered employees) are covered under this
policy.

All employees are expected to conduct themselves with dignity and respect for others. Employees
are responsible for creating and maintaining an environment free from harassment, which causes
a hostile work environment.

The Department will not tolerate general harassment among its employees and will take
appropriate corrective action against employees who violate this policy.

Employees who engage in general harassment in the work place can expect disciplinary action.
All disciplinary actions will be considered on an individual basis. Appropriate corrective action,
up to and including termination of employment, will be taken.

The Department will not allow any retaliation or intimidation directed toward a complaining
party. Such retaliation or intimidation may result in disciplinary action, up to and including
termination of employment.

DEFINITION
General harassment is defined to include, verbal, psychological, symbolic, social or physical
methods of intimidation, ridicule, entrapment, degradation, coercion or harm, with the purpose or
effect of:
         ♦ Interfering with or jeopardizing an individual's employment, training, or career
           opportunities, or
         ♦ Creating an intimidating, hostile or offensive employment environment among
           employees or among individuals who provide contract or volunteer services.

This does not include negative effects an employee may experience as a result of actions taken by
a supervisor that are within the scope of the supervisor's responsibilities and would be considered
reasonable and appropriate actions. Issues of this nature will be referred to the appropriate
division.




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RESPONSIBILITIES AND PROCEDURES
Department administrators, managers, supervisors, affirmative action officers and human
resources directors are responsible for implementing and enforcing this policy. Every employee is
responsible for personal conduct consistent with the spirit and intent of this policy.

Any claims of general harassment or violations of this policy will be investigated by
investigator(s) selected by the director of affirmative action/internal affairs. During the
investigation an attempt will be made to maintain confidentiality as much as is practical, on a
need-to-know basis. The director of affirmative action /internal affairs is responsible for
monitoring the progress of the investigation.

PROCEDURES
The following internal complaint procedure is intended to help the department and its employees
resolve concerns or complaints of general harassment:

1. Employees who believe they have been subjected to general harassment in the work place or
   who have witnessed such behavior among other employees are encouraged to file a complaint
   as quickly as possible so that these matters can be resolved promptly. Employees should
   complete the DPS-1002-02 Formal Complaint of Alleged Employee Misconduct form and
   send it to the director of affirmative action/internal affairs.

    If the Department learns through an exit interview or other means that an employee has left
    department employment because of general harassment, the division or office director will
    conduct an inquiry. A copy of this inquiry and any determination made will be forwarded to
    the department human resource director or the director of affirmative action/internal affairs.

2. Employees have the obligation of first trying to resolve their concerns or complaints by
   discussion with the responsible party, their supervisor, the division director, or the human
   resource director.

3. Employees who are not satisfied with the results of the process in Step 2 must file their
   concerns and complaints in writing, using the Formal Complaint of Alleged Employee
   Misconduct form.

    Complaints may be filed with the employee's supervisor, the department human resource
    director, the director of affirmative action/internal affairs, or anyone in a supervisory or
    management position in the Department of Public Safety.

4. The person who receives the concern or complaint will immediately refer it to the director of
   affirmative action/internal affairs.

    Affirmative action/internal affairs will determine if the complaint is discriminatory
    harassment covered under the Department of Public Safety Illegal Discrimination, Sexual
    Harassment Policy No. 1502 or general harassment covered under this policy.

    If the complaint is general harassment, affirmative action/internal affairs will proceed with
    the investigation.

    If the complaint is a discriminatory/sexual harassment complaint covered by the
    discriminatory harassment policy, the complaint will be processed pursuant to that policy.



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5. The director of affirmative action/internal affairs will direct and review the investigation.

6. The director of affirmative action/internal affairs will report the results of the investigation to
   the complaining employee, the alleged offending person, the division director and the human
   resource director.

7. The division or office director, in consultation with those who conduct the investigation and
   the human resources director, should make any corrective action decision or
   recommendation. The severity of the corrective action should correlate to the severity of the
   conduct, with its purpose to prevent reoccurrence.

    Employees are encouraged to use this procedure, but may also pursue remedies through the
    Equal Opportunities Division of the Department of Employee Relations, the Equal
    Employment Opportunity Commission, the Minnesota Department of Human Rights, or the
    courts. Intentional use of this policy or complaint procedure for reasons of personal malice or
    abuse toward another employee is prohibited.

APPEAL
Within 10 working days of receiving the results of the investigation, the complaining employee
may appeal the results of the investigation in writing to the Commissioner. The Commissioner
and the department human resource director will review the complaint.

The Commissioner will notify the complaining employee and the alleged offending person of the
Commissioner's final determination.

MAINTENANCE OF RECORDS
The director of affirmative action/internal affairs will maintain records of all complaints,
investigation materials and other documents. These records will be maintained according to the
Minnesota Government Data Practices Act.




                                                  16
MINNESOTA DEPARTMENT OF                           ADMINISTRATIVE POLICY
PUBLIC SAFETY                                      NO.     1002
                                                   SUBJECT Investigation and Resolution of
                                                           Employee Misconduct

DIVISION/STAFF OFFICE RESPONSIBLE                 [Signed]
Office of the Commissioner                        APPROVED BY COMMISSIONER

DATE POLICY ESTABLISHED/REVISED                   INTENDED AUDIENCE: All employees
12/30/1998;08/10/2004



PURPOSE
The purpose of this policy is to establish a process whereby objectivity, fairness and justice are
protected in the investigation and review of complaints about the Department or any of its
members.

Citizens demand integrity from public institutions. The credibility of and public confidence in the
Minnesota Department of Public Safety is critical to our mission. An open and credible process,
of internal investigations, one that balances citizen complaints with the rights of employees in the
hallmark of our commitment to continuing quality improvement in order to ensure the highest
level of professional service within the Department of Public Safety.

This administrative policy does not supersede the rights of individuals. Investigations carried out
under this policy shall be done in accordance with State statutes, collective bargaining agreements
and other laws. Investigations into alleged misconduct of Licensed Peace Officers will be in
accordance of Minnesota State Statute 626.89, the Peace Officers Discipline and Procedures Act.

POLICY
It is the policy of the Department of Public Safety that reports by members of the public or by
DPS employees of alleged employee misconduct and all violations that may result in the loss of
compensation by the member, shall be reported to be reviewed and thoroughly investigated, by or
under the direction of, the Internal Affairs Division.

The public and members of the Department of Public Safety are encouraged to report acts of
misconduct or malfeasance by department members. All department members shall be open to
and receive complaints in a citizen friendly, non-intimidating environment and forward them if
necessary to the Division of Internal Affairs. A relationship of trust and confidence between
department and members of the communities they serve is essential.

The Department will make every effort to ensure that no adverse consequences occur to any
person or witness as a result of having brought a complaint in good faith, or having provided
information in any investigation. Any department employee who subjects a complaint or witness
to recrimination or retaliation shall incur appropriate disciplinary action.

FORMS
DPS-1002-01 Complaint Intake Form
DPS-1002-02 Formal Complaint of Alleged Employee Misconduct




                                                 17
DEFINITIONS

Action            ♦ The investigation disclosed the actions were within the department
Commended           guidelines and procedures and were, in fact, commendable.

Case Manager      ♦ Internal Affairs investigator assigned to monitor and to assist division
                    supervisors in conducting an employee misconduct investigation

Commissioner      ♦ The Commissioner of Public Safety

Complainant       ♦ The person or employee who files a complaint with the department alleging
                    misconduct by a member(s)

Discontinued      ♦ The investigation was discontinued because a complainant fails to follow
                    through with available information, or there is a lack of cooperation from
                    the complainant or supporting persons which is essential to the
                    investigation.

Discrimination    ♦ Differing treatment in the delivery of services or in employment practices
                    of an individual based on an individual’s race, color, creed, religion,
                    national origin, sex, age, veteran status, marital status, sexual orientation,
                    disability, status with regard to public assistance, or membership or activity
                    in a local commission.

Excessive Force   ♦ Unnecessary force used against another person, that would not be
                    considered reasonable prudent, or needed to control a situation or person.

Exonerated        ♦ A preponderance of the evidence established that the alleged act or acts did
                    not occur or
                  ♦ The member(s) named in the complaint were not involved in the alleged
                    misconduct; or
                  ♦ The alleged act(s) which provide the basis for the complaint occurred,
                    however, the investigation revealed that such act(s) were justified, lawful
                    and proper.

Formal Process    ♦ Citizen requests a formal investigation under the direction of IAD in order
                    to resolve a complaint of member misconduct.

Harassment,       ♦ Verbal, psychological, symbolic, social or physical methods of
General             intimidation, to include inappropriate comments or behaviors, continuous
                    or excessive abusive or insulting language which is degrading. This
                    includes unwelcome profanity and name calling. Conduct that contributes
                    to ridicule, entrapment, degradation, coercion or harm, with the purpose or
                    effect of interfering with or jeopardizing an individual’s employment or
                    career opportunities, or creating an intimating hostile or offensive
                    employment environment among members of the department.




                                              18
Harassment,        ♦ Unwelcome sexual advances, requests for sexual favors, sexually
Sexual               motivated physical contact, or other verbal or physical conduct or
                     communication of a sexual nature when: submission to that conduct or
                     communication is made a term or condition, either explicitly or implicitly,
                     of obtaining employment or delivery of services; submission to or rejection
                     of that conduct or communication by an individual is used as a factor in
                     decisions affecting that individual’s employment or delivery of service; or
                     the effect of substantially interfering with an individual’s employment or
                     delivery of service.

Infraction         ♦ An act, omission, or violation which is contradictory to the rules,
                     procedures or policies of the Department of public Safety, any division
                     thereof or state of Minnesota other than major violations.

Informal Process   ♦ A process where a citizen complaint is resolved by direct contact by a
                     department member and does not involve a signed citizen complaint.

Improper           ♦ Any act, omission or violation of a policy or procedure of the Department
Procedure            of Public Safety or any division thereof.

Inquiry            ♦ Any issue raised by any member of the public regarding an employee’s job
                     performance or questions involving the application of existing policies,
                     procedures and work rules.

Internal Affairs   ♦ A specialized internal investigative unit, headed by a director, appointed by
Division (IAD)       and reporting directly to the Commissioner. Referred to as IAD.

Licensed Police    ♦ Any employee of the department having powers of arrest pursuant to
Officer              Minnesota Statue 626.84, subdivision 1, clause (c).

Major Violations   Any of the following alleged violations:
                   ♦ Any criminal offense other than petty misdemeanor traffic offenses.
                   ♦ The use of unnecessary or excessive force
                   ♦ Sexual Harassment
                   ♦ Abuse of authority
                   ♦ Conduct which violates a person’s civil rights.
                   ♦ General Harassment

Member             ♦ All department employee, whether full-time, part-time or temporary. This
                     term includes interns, unpaid volunteers and employees of other
                     government or private organization on loan to the department.

Misconduct         ♦ An infraction or major violation committed by an employee which
                     adversely reflects upon the department or the member’s ability to perform
                     his/her duties within the department.

Not Sustained      ♦ The investigation did not disclose sufficient evidence to prove or disprove
                     a report

Other              ♦ The investigation disclosed violations of other department or procedures
Misconduct           not a part of the original complaint.


                                              19
Policies and         ♦ The administrative acts that regulate employee conduct promulgated by
Procedures             either the Commissioner of Public Safety or division directors.

Poor Public          ♦ Conduct of a member, to a citizen that was indifferent, rude or hostile at a
Relations              level likely to create a negative opinion towards the Department of Public
                       Safety and its members.

Sustained            ♦ A preponderance of the evidence obtained in the investigation established
                       that the accused member’s actions constituted misconduct.


PROCEDURE
Discipline is a function of supervision, and the responsibility for the investigation of inquires will
normally rest within the established chain of supervision.

Complexities of the Department necessitate that a separate unit be charged with responsibilities of
investigation and control of issues that rise to the level of misconduct as determined by the
director of Internal Affairs, the Office of Equal Opportunity or the Human Resources Director.
The principle investigative agent within the disciplinary system is the IAD which is supervised by
a director who reports to the Commissioner.

Department personnel may be assigned as investigators on an ad hoc basis to IAD.
Any citizen complaint, regardless of category, may be reported to any member of the Department.
Complaints shall be accepted in writing, in person, by telephone, by email, by Fax, or may be
anonymous. Anonymous complaints will be given due consideration based on the totality of facts
and circumstances.

The Complaint Intake Form DPS form (DPS-1002-01) may be completed by any person.
Members shall if requested, assist a citizen in obtaining the form and completing it. Complaints
taken by members of the Department from citizens over the telephone shall be recorded on the
Complaint Intake Form by the member taking the complaint.

The original of the Complaint Intake Form, where the citizen requests a formal resolution, shall
be forwarded immediately upon completion to the IAD with copies to the Division immediate
supervisor and the Division Director or designee. Where the citizen requests an informal
resolution, the complain intake form will be promptly forwarded to the immediate supervisor with
copies to the IAD and the division director or designee.

Where the Complaint is resolved by a supervisor by the informal process the name of the
employee need not be reported to nor shall it be retained by the IAD. The IAD will retain records
of the Complaint Intake Forms that were resolved by the informal process for statistical purposes
only.

Where a formal investigative process is requested, Internal Affairs will be responsible for:
  ♦ Initiating the investigation.
  ♦ Completing a Complaint Intake Form (DPS-1002-01)
  ♦ Assign a case number to the complaint,
  ♦ Notify the employee’s division director if necessary of the existence of an internal affairs
    investigation,
  ♦ Notify the complainant in writing that the complaint has been received.
  ♦ Request a formal written complaint from the citizen.


                                                 20
    ♦ Determine an investigative category for the complaint, i.e. improper conduct, poor public
      relations, improper procedure, excessive force, or Discrimination/Harassment,
    ♦ Determine who will conduct the investigation.
    ♦ Forward the necessary documents to the assigned investigator

All major violations will be investigated directly by the IAD. However, if in the opinion of the
director, IAD personnel would lack the professional and or technical expertise to carry out an
investigation, another DPS investigator would be assigned with IAD acting as the case manager.

All other cases will be reviewed by the IAD and when ever possible assigned to the employee’s
division director or supervisor for investigation.

The IAD director reserves the right to assign the investigation to an IAD investigator, or to other
appropriate Department personnel.

The Commissioner may designate certain complaints to be investigated by a designated person or
another state or local agency.

In all other cases, the Internal Affairs Division will assign a ‘case manager’ to the investigation.
The case manager will be an investigator in the IAD. The case manager will monitor the
investigation, ensure timeliness of completion, serve as a resource for the division investigator,
and ensure that proper investigative procedures are followed.

Investigations into complaints of employee misconduct that are initiated by department
supervisors that are likely to result in the loss of compensation to the employee, either through
suspension or discharge shall be forwarded to the DPS Human Resources Director. These
complaints would include on-going violations of policy or poor public relations where repeated
attempts by division supervisors to coach and council the employee have failed. The supervisor
initiating the complaint will submit a memo or facts, to the Director of Human Resources copying
their immediate supervisor and the division director or their designee. The Human Resources
Director will consult with the Director of Internal Affairs on the specifics of the compliant. The
Directors of Human Resources and Internal Affairs will together determine who shall be assigned
to conduct the investigation. The directors will then assign it for investigation. It shall be the
policy to return supervisory initiated misconduct investigations to the section/division for
investigation whenever possible. However, major violations of employee misconduct will be
investigated by the IAD.

All members, including the accused member, shall cooperate with the investigation. Department
members may be required to be interviewed, or to furnish written reports, or other documentation,
in furtherance of the investigation. Failure to cooperate may be the basis for disciplinary action.
The IAD, division directors and supervisors shall ensure that all rights afforded employees
through collective bargaining agreements are met. Investigations into the conduct of licensed
police officer shall be conducted in accordance with the Peace Officers Discipline and Procedures
Act 626.89.

The following are investigative criteria and reporting requirements.
   ♦ Complainant identifying information
   ♦ Alleged violations
   ♦ Identity of employee’s involved
   ♦ Witness list
   ♦ Background information detailing events prior to act(s).


                                                 21
    ♦ Transcribed copies of interviews
    ♦ Copies of written statements
    ♦ Investigative log
    ♦ Findings of fact
    ♦ Summary
    ♦ Recommendations: Discontinued, Action Commended, Exonerated, Not Sustained or
      Sustained.

Notification: IAD will ensure that the employee is notified of resolution of the investigation.

Before closing any file, a final review will be made by the director to establish that the
investigations are factual, complete and that the conclusions are based on sound principles.

The director of the IAD is responsible for maintenance of the complaint investigation files that
were initiated by a formal complaint as defined under Minnesota State Statute 626.89 subd.5.
IAD will analyze investigative files and other data to determine trends in numbers and types of
complaints, both from the individual, division and department viewpoints. The Department will
disclose annual statistical summaries based on reports of IAD investigations.

All requests for reports regarding computer use for investigative purposes must be in the form of
a written request to the Director of Internal Affairs specifying the alleged misuse of the system,
the TCP/IP address and date and date/time frames of the requested report. Upon approval of the
Director of Internal Affairs, the request will be sent to the division computer security
officer/representative who will produce the reports and return them to the Director of Internal
Affairs with a statement describing any technological limitations governing and the reported
information. All information concerning the request and reports shall be treated as confidential.

CRIMINAL INVESTIGATIONS
If criminal charges are made against a department member, IAD is responsible for the
administrative investigation in most cases. Federal Court decisions to include Garrity v New
Jersey 385 US.493 (1967) require that investigations into employee criminal conduct be kept
entirely separate from the administrative investigation. The Director of IAD shall ensure that this
requirement is met. In most instances this will be done by delaying the start of the administrative
investigation until after the criminal investigation is completed and charges are filed or the
prosecuting authority that has jurisdiction declines to prosecute.

The Commissioner will ensure that the criminal complaint has been referred to the appropriate
jurisdiction. IAD will cooperate with the agency conducting the criminal investigation, and shall
coordinate the administrative investigation so that evidence obtained in the criminal investigation
is not compromised.

Upon completion of the investigation, IAD shall determine the disposition of the case under the
authority of the Commissioner. The disposition shall be one of the following: exonerated, not
sustained, sustained, other misconduct noted or action commended.

The commissioner may withhold issuing a disposition until any related criminal charges against
the employee are resolved. The complainant shall be informed of this decision, unless such
notification could jeopardize a criminal investigation or unjustly harm the reputation of the
individual department member or the Department.




                                                 22
DISCIPLINARY DISPOSITIONS
If the complaint is sustained, the Division Director shall take appropriate disciplinary action.
Such action shall be based on the investigative report and the accused member’s record of
service, and shall be in conformance with any applicable state law, collective bargaining
agreement, personnel rules or regulations relating to discipline of members.
The division director shall ensure that DPS Human Resources is consulted prior to the imposition
of discipline which could result in the loss of compensation to the employee. The disciplinary
action may include oral reprimand, written reprimand, and/or suspension, with or without pay,
demotion or discharge. The Commissioner reserves the right to review any disciplinary decision
of a division director to ensure that all discipline decisions are fair and consistent for all members,
throughout all divisions of the Department.

    ♦ Either the complainant or the accused member may, within seven days after notification of
      the disposition, request the Commissioner, for good cause, to reopen the investigation. The
      disposition shall be final upon expiration of the seven day period if there is no request for
      consideration. If a request for reconsideration is made, the disposition shall become final
      upon a decision on such request or completion of any additional actions directed by the
      Commissioner.
    ♦ Not withstanding the foregoing, the investigation may be reopened by the Commissioner at
      anytime if substantial new evidence is discovered which is relevant to the complaint.
    ♦ When a sustained disposition is final, the accused member may appeal the disposition
      according to the member’s collective bargaining agreement or applicable state statutes.
    ♦ The Commissioner may suspend any member with pay at any time during the investigation
      of a complaint.
    ♦ This procedural directive shall not preclude other disciplinary procedures for misconduct
      not initiated by the formal complaint.

INTERVENTION
Department employees shall not obstruct, interfere or in any way hinder an ongoing case being
handled by the Internal Affairs Division or by any other agency appointed by the Commissioner
of Public Safety.

Employees shall not undertake any investigation or other action not part of their regular duties
without obtaining permission from their supervisor.

MAINTENANCE AND DISCLOSURE OF DATA
Disclosure to the complainant, accused member, or other third party, of data collected, created,
received or maintained in connection with this policy and procedure shall be governed by the
Minnesota Government Data Practices Act, Minnesota State Statutes, Chapter 13 and all other
applicable court rulings. All data collected, created, or received by the Department in connection
with this policy and procedure shall be maintained at the IAD office in accordance with the
department’s retention schedule. Persons requesting to review files maintained by IAD will do so
at the IAD office.

The placement of the disposition report or other data in any employee’s personnel file shall be
governed by Minnesota data practices laws, applicable state policy or collective bargaining
agreements.

This policy supersedes any division policy in regards to employee misconduct/internal affairs
investigations. This policy shall be referenced in all DPS division policies outlining or referring



                                                  23
to employee misconduct investigations. All divisions of Public Safety policies in regard to
employee misconduct/Internal affairs investigations shall comply with this policy.




                                                24
                                  Department of Public Safety
                                    Complaint Intake Form
                                             Please print legibly
To be completed by person taking the complaint or complainant:

Division_____________________________Date_________________Time:_________________
Received via (circle one): Telephone           Fax     E-mail         U.S. Mail         In Person
Complaint received by:_________________________________________________________________



Name of complainant:_____________________________________Date of birth:____________________
Address:_______________________________________City_____________State_______Zip_________
Telephone numbers: Home_______________________Work_________________Cell________________



Name of employee involved_______________________________________________________________
(If no name is available, any other identifying information, i.e. description of employee, time of day)


Date and time of incident:_________________________________________________________________
Location:______________________________________________________________________________
Any injuries resulting from this incident:             YES                     NO
Was medical treatment administered                     YES                     NO
If so, where:____________________________________________________________________________

Briefly describe the incident:




Complainant requests (circle one) INFORMAL PROCESS:             Supervisory contact to resolve the issue
                                                                (DO NOT submit name – used for
                                                                statistical use by IAD)

                                    FORMAL PROCESS:             Complainant will be provided with a
                                                                formal complaint form from the Internal
                                                                Affairs office.

FORWARD ORIGINAL TO THE INTERNAL AFFAIRS DIVISION WITH A COPY TO THE
DIVISION SUPERVISOR, DIVISION DIRECTOR, AND/OR DESIGNEE



                                                     25
                                  STATE OF MINNESOTA
                                  Department of Public Safety

   FORMAL COMPLAINT OF ALLEGED EMPLOYEE MISCONDUCT

 Intentionally making a false accusation may result in criminal and/or civil charges.
The information you provide may become part of an administrative investigation conducted at the
direction of the Minnesota Department of Public Safety Internal Affairs Division and will be
classified as either public, private or confidential data under Chapter 13 of the Minnesota
Government Data Practices Act. The information you supply may also be used in a grievance
hearing, arbitration or other appeal procedure and it may become necessary for you to testify at
these hearings.


Name of complainant:_____________________________________Date of birth:____________________
Address:_______________________________________City_____________State_______Zip_________
Telephone numbers: Home_______________________Work_________________Cell________________



Name of employee involved_______________________________________________________________
(If no name is available, any other identifying information, i.e. state unit number, badge number, citation
number, description of person, etc.)


Date and time of incident:_________________________________________________________________
Location:______________________________________________________________________________
Any injuries resulting from this incident:             YES                          NO
Was medical treatment administered                     YES                          NO
If so, where:____________________________________________________________________________


DESCRIBE THE INCIDENT IN DETAIL ON THE REVERSE SIDE OF THIS FORM
                                        Return the completed form to:
                                     Minnesota Department of Public Safety
                                            Internal Affairs Division
                                       445 Minnesota Street, Suite #530
                                       St. Paul, Minnesota 55101-5530

List below the names and contact information of any possible witnesses:
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________

The above information is true and correct.

______________________________________________                               ____________________________
Signature of complainant                                                     Date



                                                     26
                           UTILIZATION ANALYSIS


                  Protected Group – Disabled
                      A          B           C                 D               E              F
                                 Total                     Availability
                    Total                       % of
                              Number of                    % (Census)     Availability     Number
EEO Job           Number in                  Disabled in                                 Underutilized
                              Disabled in                      MN          Number
Group              Group                     the Group
                                Group                       Statewide

Officials and        35           3              8.6%        11.3%             4              1
Administrators

                     436          18             4.1%        10.9%            48             30
Professionals

                     178          9              5.1%        11.5%            20             11
Technicians
Protective
Services:            621          21             3.4%        11.6%            72             51
Sworn
Protective
Services: Non        182          21             11.5%       11.6%            21              0
Sworn

                     503          34             6.8%        11.6%            58             24
Office/Clerical

Service              18           1              5.6%        11.4%             2              1
Maintenance




                                            27
                  Protected Group – Women
                      A          B                C            D               E              F
                                 Total                     Availability
                    Total                       % of
                              Number of                    % (Census)     Availability     Number
EEO Job           Number in                  Disabled in                                 Underutilized
                              Disabled in                      MN          Number
Group              Group                     the Group
                                Group                       Statewide

Officials and        35           13             37.1%       37.8%            13              0
Administrators

                     436         193             44.3%       53.8%           235             42
Professionals

                     178          66             37.1%       63.1%           112             46
Technicians
Protective
Services:            621          58             9.3%        21.3%           132             74
Sworn
Protective
Services: Non        182          54             29.7%       64.4%           117             63
Sworn

                     503         437             86.9%       67.7%           341              0
Office/Clerical

Service              18           3              16.7%       43.6%             8              5
Maintenance




                                            28
                  Protected Group – Minorities
                      A          B             C                D               E              F
                     Total        Total          % of       Availability   Availability     Number
                   Number in   Number of      Disabled in   % (Census)      Number        Underutilized
EEO Job             Group      Disabled in    the Group         MN
Group                            Group                       Statewide

Officials and         35           3              8.6%        5.1%              2              0
Administrators

                     436           39             8.9%        8.0%             35              0
Professionals

                     178           3              1.7%        6.8%             12              9
Technicians
Protective
Services:            621           21             3.4%        11.9%            74             53
Sworn
Protective
Services: Non        182           16             8.8%        6.3%             11              0
Sworn

                     503           50             9.9%        8.2%             41              0
Office/Clerical

Service               18           1              5.6%        14.3%             3              2
Maintenance




                                             29
                                              GOALS AND TIMETABLES



                       Women                              Minorities                       People with a Disability
EEO Job Group            Number                             Number                            Number
                                       Goal   Timetable                   Goal   Timetable                 Goal Timetable
                       Underutilized                      Underutilized                    Underutilized
Off/Admin                                                                                                           2006-
                            0          ---      ----            0         ---      ----          1           1
                                                                                                                    2008
Professionals                                   2006-                                                               2006-
                            42          5                       0         ---      ----         30           1
                                                2008                                                                2008
Technicians                                     2006-                              2006-                             2006-
                            46          2                       9          3                    11           2
                                                2008                              2008                               2008
Protective Services:                            2006-                              2006-                             2006-
                            74          5                      53          4                    51           0
Sworn                                           2008                              2008                               2008
Protective Services:                            2006-
                            63          4                       0         ---      ----          0         ---     ----
Non-Sworn                                       2008
Office/Clerical                                                                                                    2006-
                            0          ---      ----            0         ---      ----          24         3
                                                                                                                   2008
Service                                         2006-                             2006-                            2006-
                            5           2                       2          2                     1          1
Maintenance                                     2008                              2008                             2008




                                                                30
According to the utilization analysis, our agency’s workforce is underutilized in the Professionals job group by forty-two women.
Based on our analysis of the conditions in the agency, we expect this job group to grow in the next two years. We will need additional
employees in the Professionals group but we do not anticipate growth that would allow us to set a goal to include all forty-two women
that we are underutilized. As openings occur, we will make a good faith effort to recruit and hire five women in the Professionals job
group in the next two years. We will use the recruitment plan cited in our Affirmative Action Plan to accomplish this.
                                                   Number                      Agency
    Job Group        Protected Group                                                                 Timetable            Methods
                                            Underutilized     Goal         Considerations
                                                                                                                          See AAP,
                                                                             Growth and
  Professionals           Women                 42              5                                    2004-2006           Recruitment
                                                                             Expansion
                                                                                                                           Section


According to the utilization analysis, our agency’s workforce is underutilized in the Technicians job group by forty-six women. Based
on our analysis of the conditions in the agency, we expect this job group to grow in the next two years. We will need additional
employees in the Technicians group but we do not anticipate growth that would allow us to set a goal to include all forty-six women
that we are underutilized. As openings occur, we will make a good faith effort to recruit and hire two women in the Technicians job
group in the next two years. We will use the recruitment plan cited in our Affirmative Action Plan to accomplish this.
                                                    Number                     Agency
    Job Group        Protected Group                                                                Timetable             Methods
                                            Underutilized      Goal        Considerations
                                                                                                                         See AAP,
                                                                             Growth and
   Technicians            Women                  46              2                                  2004-2006           Recruitment
                                                                              Expansion
                                                                                                                          Section




                                                                 31
According to the utilization analysis, our agency’s workforce is underutilized in the Protective Services, Sworn job group by seventy-
four women. Based on our analysis of the conditions in the agency, we expect this job group to grow in the next two years. We will
need additional employees in the Protective Services, Sworn group but we do not anticipate growth that would allow us to set a goal to
include all seventy-four women that we are underutilized. As openings occur, we will make a good faith effort to recruit and hire five
women in the Protective Services, Sworn job group in the next two years. We will use the recruitment plan cited in our Affirmative
Action Plan to accomplish this. DPS utilized the EEO Residence Data Results for Minnesota by State and Local Occupation Groups,
“Protective Service Sworn” to establish the availability percentage of 21.3%. Using EEO Residence Data Results for Minnesota by
Census Occupation Code, “Police Officers”, the availability percentage falls significantly to 21.8%. This figure is more representative
of the application pool.
                                                   Number                      Agency
    Job Group        Protected Group                                                                 Timetable           Methods
                                            Underutilized     Goal         Considerations
                                                                                                                         See AAP,
    Protective                                                               Growth and
                          Women                 74              5                                   2004-2006           Recruitment
 Services, Sworn                                                             Expansion
                                                                                                                          Section


According to the utilization analysis, our agency’s workforce is underutilized in the Protective Services, Non-Sworn job group by
sixty-three women. Based on our analysis of the conditions in the agency, we expect this job group to grow in the next two years. We
will need additional employees in the Protective Services, Non-Sworn group but we do not anticipate growth that would allow us to
set a goal to include all sixty-three women that we are underutilized. As openings occur, we will make a good faith effort to recruit
and hire four women in the Protective Services, Non-Sworn job group in the next two years. We will use the recruitment plan cited in
our Affirmative Action Plan to accomplish this.
                                                    Number                     Agency
    Job Group         Protected Group                                                                Timetable           Methods
                                            Underutilized     Goal         Considerations
    Protective                                                                                                          See AAP,
                                                                             Growth and
  Services, Non-            Women                63              4                                  2004-2006          Recruitment
                                                                             Expansion
      Sworn                                                                                                               Section




                                                                  32
According to the utilization analysis, our agency’s workforce is underutilized in the Service Maintenance job group by five women.
Based on our analysis of the conditions in the agency, we expect this job group to grow in the next two years. We will need additional
employees in the Service Maintenance group but we do not anticipate growth that would allow us to set a goal to include all five
women that we are underutilized. As openings occur, we will make a good faith effort to recruit and hire two women in the Service
Maintenance job group in the next two years. We will use the recruitment plan cited in our Affirmative Action Plan to accomplish
this.
                                                   Number                      Agency
    Job Group        Protected Group                                                                Timetable            Methods
                                            Underutilized     Goal         Considerations
                                                                                                                        See AAP,
      Service                                                                Growth and
                          Women                  5              2                                  2004-2006           Recruitment
   Maintenance                                                               Expansion
                                                                                                                          Section



According to the utilization analysis, our agency’s workforce is underutilized in the Technicians job group by nine minorities. Based
on our analysis of the conditions in the agency, we expect this job group to grow in the next two years. We will need additional
employees in the Technicians group but we do not anticipate growth that would allow us to set a goal to include all nine minorities
that we are underutilized. As openings occur, we will make a good faith effort to recruit and hire three minorities in the Technicians
job group in the next two years. We will use the recruitment plan cited in our Affirmative Action Plan to accomplish this.
                                                   Number                      Agency
    Job Group        Protected Group                                                                Timetable              Methods
                                            Underutilized      Goal        Considerations
                                                                                                                           See AAP,
                                                                             Growth and
   Technicians          Minorities               9               3                                  2004-2006            Recruitment
                                                                              Expansion
                                                                                                                            Section




                                                                  33
According to the utilization analysis, our agency’s workforce is underutilized in the Protective Services, Sworn job group by fifty-
three minorities. Based on our analysis of the conditions in the agency, we expect this job group to grow in the next two years. We
will need additional employees in the Protective Services, Sworn group but we do not anticipate growth that would allow us to set a
goal to include all fifty-three minorities that we are underutilized. As openings occur, we will make a good faith effort to recruit and
hire four minorities in the Protective Services, Sworn job group in the next two years. We will use the recruitment plan cited in our
Affirmative Action Plan to accomplish this. DPS utilized the EEO Residence Data Results for Minnesota by State and Local
Occupation Groups, “Protective Service Sworn” to establish the availability percentage of 11.9%. Using EEO Residence Data Results
for Minnesota by Census Occupation Code, “Police Officers”, the availability percentage falls significantly to 7.5%. This figure is
more representative of the application pool.
                                                     Number                     Agency
    Job Group          Protected Group                                                               Timetable              Methods
                                             Underutilized       Goal       Considerations
                                                                                                                           See AAP,
    Protective                                                                Growth and
                          Minorities              53               4                                2004-2006            Recruitment
 Services, Sworn                                                               Expansion
                                                                                                                            Section



According to the utilization analysis, our agency’s workforce is underutilized in the Service Maintenance job group by two minorities.
Based on our analysis of the conditions in the agency, we expect this job group to grow in the next two years. We will need additional
employees in the Service Maintenance group; as openings occur, we will make a good faith effort to recruit and hire two minorities in
the Service Maintenance job group in the next two years. We will use the recruitment plan cited in our Affirmative Action Plan to
accomplish this.
                                                   Number                      Agency
    Job Group        Protected Group                                                                Timetable           Methods
                                            Underutilized     Goal         Considerations
                                                                                                                        See AAP,
     Service                                                                 Growth and
                        Minorities               2              2                                  2004-2006           Recruitment
  Maintenance                                                                Expansion
                                                                                                                         Section




                                                                  34
According to the utilization analysis, our agency’s workforce is underutilized in the Officials and Administrators job group by one
person with a disability. Based on our analysis of the conditions in the agency, we expect this job group to grow in the next two years.
We will need additional employees in the Officials and Administrators group, as openings occur, we will make a good faith effort to
recruit and hire one person with a disability Officials and Administrators job group in the next two years. We will use the recruitment
plan cited in our Affirmative Action Plan to accomplish this.
                                                    Number                      Agency
    Job Group         Protected Group                                                                Timetable            Methods
                                            Underutilized      Goal         Considerations
                                                                                                                          See AAP,
                       Persons with a                                        Growth and
     Off/Adm                                      1             1                                   2004-2006            Recruitment
                         Disability                                           Expansion
                                                                                                                           Section



According to the utilization analysis, our agency’s workforce is underutilized in the Professionals job group by thirty persons with a
disability. Based on our analysis of the conditions in the agency, we expect this job group to grow in the next two years. We will
need additional employees in the Professionals group but we do not anticipate growth that would allow us to set a goal to include all
thirty persons with a disability that we are underutilized. As openings occur, we will make a good faith effort to recruit and hire one
person with a disability in the Professionals job group in the next two years. We will use the recruitment plan cited in our Affirmative
Action Plan to accomplish this.
                                                    Number                     Agency
    Job Group         Protected Group                                                                Timetable              Methods
                                            Underutilized       Goal        Considerations
                                                                                                                           See AAP,
                       Persons with a                                         Growth and
  Professionals                                  30              1                                   2004-2006           Recruitment
                         Disability                                           Expansion
                                                                                                                            Section




                                                                   35
According to the utilization analysis, our agency’s workforce is underutilized in the Technicians job group by eleven persons with a
disability. Based on our analysis of the conditions in the agency, we expect this job group to grow in the next two years. We will
need additional employees in the Technicians job group but we do not anticipate growth that would allow us to set a goal to include all
eleven persons with a disability that we are underutilized. As openings occur, we will make a good faith effort to recruit and hire two
people with a disability in the Technicians job group in the next two years. We will use the recruitment plan cited in our Affirmative
Action Plan to accomplish this.
                                                    Number                     Agency
    Job Group        Protected Group                                                                Timetable             Methods
                                            Underutilized      Goal        Considerations
                                                                                                                          See AAP,
                      Persons with a                                         Growth and
   Technicians                                   11              2                                  2004-2006           Recruitment
                         Disability                                          Expansion
                                                                                                                           Section



According to the utilization analysis, our agency’s workforce is underutilized in the Protective Services, Sworn job group by fifty-one
persons with a disability. Based on our analysis of the conditions in the agency, we expect this job group to grow in the next two
years. We will need additional employees in the Protective Services, Sworn group but we do not anticipate growth that would allow
us to set a goal to include all fifty-one persons with a disability that we are underutilized. As openings occur, we will make a good
faith effort to recruit and hire people with a disability in the Protective Services, Sworn job group in the next two years. We will use
the recruitment plan cited in our Affirmative Action Plan to accomplish this.
                                                      Number                       Agency
    Job Group           Protected Group                                                                Timetable             Methods
                                             Underutilized        Goal         Considerations
                                                                                                                             See AAP,
    Protective           Persons with a                                          Growth and
                                                   51                                                  2004-2006           Recruitment
 Services, Sworn           Disability                                            Expansion
                                                                                                                              Section




                                                                   36
According to the utilization analysis, our agency’s workforce is underutilized in the Office/Clerical job group by twenty-four persons
with a disability. Based on our analysis of the conditions in the agency, we expect this job group to grow in the next two years. We
will need additional employees in the Office/Clerical group but we do not anticipate growth that would allow us to set a goal to
include all twenty-four persons with a disability that we are underutilized. As openings occur, we will make a good faith effort to
recruit and hire three people with a disability in the Office/Clerical job group in the next two years. We will use the recruitment plan
cited in our Affirmative Action Plan to accomplish this.
                                                     Number                      Agency
    Job Group         Protected Group                                                                  Timetable            Methods
                                            Underutilized       Goal          Considerations
                                                                                                                            See AAP,
                       Persons with a                                          Growth and
 Office/Clerical                                  24               3                                  2004-2006           Recruitment
                         Disability                                             Expansion
                                                                                                                             Section



According to the utilization analysis, our agency’s workforce is underutilized in the Service Maintenance job group by one person
with a disability. Based on our analysis of the conditions in the agency, we expect this job group to grow in the next two years. We
will need additional employees in the Service Maintenance group and as openings occur, we will make a good faith effort to recruit
and hire one person with a disability in the Service Maintenance job group in the next two years. We will use the recruitment plan
cited in our Affirmative Action Plan to accomplish this.
                                                    Number                     Agency
    Job Group        Protected Group                                                                Timetable             Methods
                                            Underutilized      Goal        Considerations
                                                                                                                          See AAP,
     Service          Persons with a                                         Growth and
                                                  1              1                                  2004-2006            Recruitment
   Maintenance           Disability                                          Expansion
                                                                                                                           Section




                                                                   37
                      PROGRAM OBJECTIVES

1.   Continue to provide education to Department supervisors and managers about
     Affirmative Action and their responsibilities in implementing the Affirmative
     Action Plan.

2.   Provide training to all new employees about respectful communication and each
     employee’s responsibility to ensure a workplace free from discrimination,
     harassment, fear and violence.

3.   Provide training to all employees about the complaint and investigation
     procedures.

4.   Provide training to all employees in topics including respectful communication,
     cultural awareness, and effective communication strategies with limited-English
     speaking customers.

5.   Continue the active participation of the Director of Internal Affairs/Affirmative
     Action as a member of the Alliance for Cooperation and Collaboration in
     Employment and State Services (ACCESS) a coalition of Affirmative Action
     Officers and Human Resource Directors throughout the State to share, discuss,
     establish and implement the best practices in diversity, equal opportunity and
     affirmative action efforts.

6.   Require individual development plans for all employees as part of their annual
     performance evaluations. This plan is used to determine specific development and
     training opportunities to enhance the employee’s development and skills to
     increase retention and promotional development.

7.   Participation by the Minnesota Department of Public Safety in career fairs and
     conferences such as Minnesota Human Rights Day to demonstrate its commitment
     to diversity recruitment and hiring, recruit potential applicants and promote public
     safety education.

8.   Support the Minnesota State Patrol’s recruiters who focus on recruiting women
     and people of color to pursue careers in law enforcement and employment with the
     State Patrol. These efforts include visits to schools, colleges, community
     organizations, job fairs and military career fairs.

9.   Partner with community organizations to demonstrate the State Patrol’s
     commitment to diversity recruitment, to enhance community relationships and
     increase the number of qualified diverse applicants.




                                        38
10.   Evaluate the State Patrol’s selection process to identify and reduce barriers for
      women and people of color.

11.   Create and support pre-law enforcement opportunities (high school academy,
      student worker, community service worker, internships) to encourage students to
      pursue law enforcement careers and provide work opportunities to students
      interested in law enforcement.




                                         39
  METHODS OF AUDITING, EVALUATING AND REPORTING
                PROGRAM SUCCESS
The Department of Public Safety is committed to maintaining a successful affirmative action
program. To evaluate the program, the Director of Internal Affairs/Affirmative Action
monitors all the Unlimited Classified hires and the Non-Competitive Qualifying hires in job
groups where a disparity exists using the State of Minnesota Monitoring the Hiring Process
form. The Director notifies the division directors about their hiring practices as it relates to
protected group applicants. In the next year, this information will be complied by division for
each division director to use to evaluate their progress.

The Director of Internal Affairs/Affirmative Action reviews all hiring recommendations for
vacancies filled from an eligible list containing interested protected group members. Hiring
supervisors are informed that they are filling a vacancy in a position for which affirmative
action goals have not been met. Hiring supervisors are notified that there are protected group
members on the eligible list and that they must have approval from the IA/AA Director prior
to making an offer of employment. If, after interviews, the supervisor recommends hiring an
non-protected group applicant, the supervisor must provide a written justification for not
selecting the protected group individual. The IA/AA Director reviews the rationale, the
position description, the posted job qualifications, the protected group member’s application,
and any other relevant documentation to determine whether to approve the recommendation.
The Director of Human Resources and the Director of Internal Affairs/Affirmative Action
work together to ensure that no offer of employment is given without the necessary approval.

The following policy is attached:
DPS Administrative Policy No. 4080-Pre-Hire Review.

The Director of Internal Affairs/Affirmative Action reviews the annual Separation Summary
and reports to division directors the results of this report. This report is used to determine
whether there is any disparity between protected group and non-protected group employees
with respect to separation. This includes the effects of layoffs. Layoff decisions are based on
budgetary or work reductions. The Human Resources Office records and reports all layoff
separations. The impact of layoffs is determined by seniority as required under the applicable
collective bargaining agreements.

Over the past few years, the Minnesota State Patrol has made significant progress towards
increasing the diversity within the pool of applicants for new trooper positions. The State
Patrol annually establishes direct minority recruitment strategies. The State Patrol keeps
records of the protected group applicants and how they perform during the selection process.
This information is analyzed to determine barriers that may exist in the selection and hiring
process.




                                              40
MINNESOTA DEPARTMENT OF                            ADMINISTRATIVE POLICY
PUBLIC SAFETY                                      NO.     4080
                                                   SUBJECT Pre-Hire Review

DIVISION/STAFF OFFICE RESPONSIBLE                  [Signed]
Office of Personnel                                APPROVED BY COMMISSIONER

DATE POLICY ESTABLISHED/REVISED                    INTENDED AUDIENCE: All managers and
02/01/1993                                         supervisors, all HR


INTRODUCTION
The Minnesota Department of Public Safety is an equal opportunity employer. The department's
affirmative action plan states that it is the department's policy to:

        1. Provide equal opportunity to all persons without regard to race, creed, color, sex,
           religion, national origin, age, marital status, disability, reliance on public assistance,
           political affiliation, or sexual orientation, except where a bona fide occupational
           qualification exists.

        2. Comply with the statewide affirmative action program. As stated in the State of
           Minnesota's Equal Employment Opportunity Policy:

            "The State of Minnesota will implement and maintain a program of affirmative action to
            eliminate internal barriers to equal employment opportunity and to provide for the
            employment and advancement of qualified women, minorities, and persons with
            disabilities in accordance with occurrence in the work force."

State rules governing the statewide affirmative action program specify that a procedure must
be developed in each agency which "requires pre-employment review of all hiring decisions
for occupational categories with unmet affirmative action goals."

POLICY
When an established affirmative action goal for a specific occupational category is not being met and a
vacancy occurs which is to be filled from an eligible list containing interested protected group
members of disparate groups, the supervisor's hiring recommendation shall be reviewed by the
appropriate division director and the affirmative action officer, if the supervisor wishes to hire an
individual who is not a member of the protected class for which the disparity exists.

PROCEDURES AND RESPONSIBILITIES
When a vacancy occurs in a category which has unmet affirmative action goals, the following
procedures shall apply:

Office of Human              ♦ Notify the supervisor that affirmative action goals are not being met for
Resource (HR)                  one or more protected groups(s) and that member(s) of those group(s)
                               are on the eligible list.

                             ♦ Advise the supervisor of the affirmative action responsibility.




                                                    41
Supervisor                 ♦ If, after interviews are completed, the supervisor decides not to hire a
                             protected group candidate, provide written rationale based on
                             knowledge, skills and abilities outlined in the vacancy position
                             description, for not selecting a protected group individual for which a
                             disparity exists when one or more members of this group(s) is on the list
                             and available.

                           ♦ Send this rationale and copies of the position description, the protected
                             group members(s) application, the applications of the candidates being
                             considered for hire, all interview materials and the eligibility list to the
                             appropriate division director and affirmative action officer.

Affirmative                ♦ Review the rationale submitted by the supervisor and make
Action Officer               recommendations to the supervisor, division director, and HR, of
                             approval/disapproval. May request more information prior to making a
                             recommendation

                           ♦ Discuss the implications of bypassing candidates who fill the disparity.


                           ♦ Inform the Commissioner and the HR director of all missed
                             opportunities.

Division
Director                    ♦ Review all opinions received, determine what action to take, inform the
                              personnel office and provide instructions on how to proceed.


                           ♦ Notify affirmative action officer of the final decision and the effective
                             hiring date.

Commissioner
                            ♦ If division has over 25% missed opportunities, the final decision on
                              each hire rests with the commissioner after consultation with the
                              appropriate division director and the affirmative action officer.



EXCEPTIONS
The following are exceptions to the above procedure:

   ♦ No members of the disparate group were certified.
   ♦ All disparate group member(s) failed to pass mandatory job requirements given prior
     approval by DOER.
   ♦ Appointment is made from layoff list as required by collective bargaining agreement.
   ♦ Certified members of disparate group responded that they were not interested in the job or
     failed to respond to letters about the position.
   ♦ Seniority article of contract applied. Incumbent appointed to position changed in allocation.
   ♦ Agency no longer has disparity.
   ♦ Appointed worker's compensation referral.
   ♦ Appointed employee who has received notice of layoff.


                                                  42
The only disparate group member(s) available for appointment is/are in same goal unit (bargaining
unit within geographic area) as vacancy and appointment would not help meet affirmative action
goals.

    ♦ Unable to make reasonable accommodation for applicant's disability.
    ♦ Grievance or arbitration settlement.
    ♦ Non-citizen without proper work authorization.


DATA PRACTICES
Supervisors and managers are not to disclose information that the candidate selected is of a particular
protected group status. The protected group status of an individual is identified as private data in
accordance with the Minnesota Government Data Practices Act (Minn. Stat. 13.43, Subd. 2) which
governs the collection and disclosure of all government data, including personnel data.

Documentation will be kept on the selection process for all appointments for at least two (2) years, in
accordance with the Minnesota Government Data Practices Act (Mn. Stat. 13.43).




                                                  43
          WEATHER EMERGENCIES AND EVACUATIONS

The Minnesota Department of Public Safety has detailed weather emergency and evacuation
plans and procedures in place to ensure the safety of employees in the event of such an
emergency. The National Oceanic Atmospheric Administration Weather Radio Station is
monitored on a daily basis by the Department’s Safety Director, front desk staff and Town
Square Security. Should severe weather watches or warnings be issued, the Department’s
front desk staff and Town Square Security notify designated staff in each division by e-mail
and all staff by PA announcement.

The following policies and plans are attached:
DPS Administrative Policy No. 4005-Emergency Declarations
DPS Town Square Facility Emergency Plan
DPS Town Square Building Evacuation Radio Procedures
Mobility Impaired Emergency Exit Plan
DPS Town Square Location First Responder Team Operations Guidelines




                                             44
MINNESOTA DEPARTMENT OF                         ADMINISTRATIVE POLICY
PUBLIC SAFETY                                   NO.     4005
                                                SUBJECT Emergency Declarations

DIVISION/STAFF OFFICE RESPONSIBLE               [Signed]
Human Resources                                 APPROVED BY COMMISSIONER

DATE POLICY ESTABLISHED/REVISED                 INTENDED AUDIENCE: All managers and
07/23/2001; 06/01/2004                                supervisors




POLICY
The following emergency declaration plan has been developed pursuant to the Department of
Employee Relations (DOER) Administrative Procedure 5.4. The plan outlines procedures to be
followed in the Department of Public Safety in the event of a natural or man-made emergency, which
would require closing facilities.

Alertcast         ♦ Alertcast Message is an emergency notification system initiated by DOER .
Message             When there is a need for local office closures due to an emergency such as
                    weather, DOER notifies designated contacts in every state agency, so that
                    employees may be notified of department closures as soon as possible. Staff
                    who are responsible for implementing the internal emergency notification
                    procedure in their division/area of the state, must register for this system
                    through the Public Safety Office of Human Resources (HR). Any changes of
                    contact representative names or phone or fax numbers should be reported to HR
                    immediately. The last section of this policy contains the instructions for
                    receiving an Alertcast message.

Notification      ♦ In the event of a situation that could result in an emergency the Commissioners
                    of Public Safety and DOER will consult and/or review the situation to
                    determine the extent of the emergency declaration and the action to be taken.

                  ♦ If there is a weather emergency, DOER will notify all agency commissioners
                     and division directors, by voice mail or pager, of an Alertcast Message. Each
                     division director will use a pre-established phone tree to contact all employees
                     within their divisions, preferably before the start of the workday, of the times
                     and locations of emergency declarations. Employees are encouraged to listen to
                     television and radio stations ay WCCO, WCCO radio 830, or to call WCCO at
                     612-370-0681.

                   ♦ The designated contact on the division list is solely responsible for making the
                    calls necessary to activate each division's phone tree. The contacts may also be
                    required to make additional calls on the inter-divisional phone tree to alert other
                    divisions of the emergency.

Operationally      ♦ Employees assigned to "on call" status will remain on call during an emergency
Essential Staff      declaration and are subject to reporting for duty according to standard
                     procedures.




                                                 45
              ♦ Areas which are exempt from emergency leave provisions and which must be
                continued in the event of an emergency declaration are:

                        a) Driver and Vehicle Services (DVS) public information center
                           supervisors. Hours of service are 8:00 a.m. to 5:00 p.m.,
                           Monday through Friday, except holidays. DVS will determine
                           on a case by case basis the number of supervisors who must
                           report to work.
                        b) Capitol Security personnel except clerical support staff.
                        c) State Patrol uniformed personnel and radio dispatchers.
                        d) Bureau of Criminal Apprehension telecommunication section.

              ♦ Staff assigned to the above areas are not subject to the emergency leave
                provisions of the DOER Administrative Procedure 5.4. Employees in these
                sections will remain on duty when an emergency is declared and, if off duty,
                will report to work on their regularly scheduled shift or as called in by their
                supervisor. These employees are not eligible for emergency leave and those
                not reporting to work must use leave without pay or vacation.

              ♦ In case of an extreme emergency, a non-operationally essential employee may
                be asked to report to work. In such an event, no employee will be penalized
                for an inability to report.

Independent   ♦ DOER Administrative Procedure 5.4 provides that the department appointing
Closure         authority may make a decision to close facilities without prior declaration by
Decisions       the Commissioner of DOER. This provision could be used when an
                emergency affects only one facility or there is not time to have a formal
                declaration issued. In this event, the appointing authority will notify the
                Commissioner of DOER, as soon as practicable, of the action taken and
                request a formal declaration. If the request is denied the pay provisions of
                Administrative Procedure 5.4 will not be allowed for any employee released
                from work.

              ♦ Public Safety employees do not have the authority to make a closure decision
                without notification to the division director. If the employee in charge of a
                facility determines that immediate closure is necessary, the employee shall
                contact the division director or designee before any action is taken. The
                division director shall contact the Commissioner's office for a decision.

              ♦ Back up for the Commissioners office will be provided by the HR office.

Time Off      ♦ Time off and pay provisions for employees in the event of an emergency
Provisions      declaration are as stated in DOER’s Administrative Procedure 5.4.

              ♦ Provisions for employees exempted from DOER’s Administrative Procedure
                5.4 are covered in the Operationally Essential Staff section of this policy.




                                          46
RECEIVING AN ALERTCAST MESSAGE

Voice Phone - Express Notification Option

When an Alertcast phone call is answered, the service will deliver the following message: "There is
an, Alertcast message for someone at this number." Here is what happens next:
            ♦ Alertcast immediately plays the emergency message exactly as recorded.
            ♦ No response is required.

Pager - Express Notification Option

When an Alertcast message is sent, the pager will display an eighteen (18) digit number.
          ♦ The first ten (10) digits will be the phone number you will call to retrieve the
            Alertcast message. (651-955-5600)
          ♦ The next five (5) digits will be the event number (unique and assigned by, Alertcast
            for each emergency).
          ♦ The last three (3) digits will be 911, indicating you have received an Alertcast
            message.

How to Retrieve the Message

    ♦ From any touch-tone phone:
             1. Call the Alertcast number: 651-855-5600 (the first ten (10) digits on your pager)
             2. Enter the five (5) digit event number followed by the pound (#) key (the next five
               (5)digits on your pager)

    ♦ The service will play the prerecorded emergency message. You will then be asked to respond in
    one of two ways, by pressing the appropriate number on the phone keypad:

        I have heard and understood the message (press 3)
        Repeat the message. (press 4)

The message from Alertcast will specifically detail the county (or counties) that are affected by the
emergency, the reason for the emergency (i.e., weather), and the timeframe of the emergency.




                                                 47
        DPS TOWN SQUARE FACILITY EMERGENCY PLAN

Purpose:

This Emergency Action Plan (EAP) is in place to ensure employee safety from fire and other
emergencies. It provides a written document detailing the actions and procedures to be
followed in case of an emergency.

At the time of an emergency, employees should know what type of evacuation is necessary
and what their role is in carrying out the plan. In come cases where the emergency is very
grave, total and immediate evacuation of all employees is necessary. In other emergencies, a
partial evacuation of employees may be more appropriate. Employees must be sure that they
know exactly what is expected of them in each type of emergency. This plan contains the
essential information that employees will need to deal with any type of emergency effectively.


Fire

If you discover smoke or fire:       Clear the area of personnel and customers
                                     Secure the area (close doors)
                                     Pull nearest fire alarm and dial 9-911
                                     Notify Town Square Security at 293-1676
                                     Evacuate the building
                                     Follow instructions from Floor Warden and Security
                                     Proceed to designated outdoor staging areas

Evacuation:                          Do not use elevators
                                     Exit the building using the nearest safe exit
                                     Move to designated staging area
                                     Report to your Floor Warden for a headcount

Employees with mobility problems will proceed to the glass elevator. Town Square Security,
First Responders and the St. Paul Fire Department will meet mobility impaired employees at
the glass elevator and assist them to the outside staging areas.

Floor Wardens, Security Officers and First Responders are the designated employees who will
assist with employee and customer evacuation.

Incident Commander will be the Safety Officer, Facilities Manager or Town Square Security,
in that order.

All employees will be trained annually on the fire evacuation plan by their Floor Wardens.
Annual training will be provided to Floor Wardens, First Responders and the Security Officer
by the Safety Department.



                                             48
An annual fire drill will be held in the month of October in conjunction with Fire Prevention
Week in the state of Minnesota.

The Department of Public Safety will seek advice on fire safety and our fire evacuation
procedures from our State Fire Marshall Division and the St. Paul Fire Department. We will
ask both the organizations to critique our annual fire drill and we will comply with any
comments or suggestions offered to us and our employer.

Portable hand held radios have been purchased for Floor Wardens, First Responders and
Town Square Security to coordinate the evacuation, the “all clear” and the return to the
building.

See attached Map which delineates fire evacuation refuge zones.

No employee is permitted to re-enter the building until the “all clear” is given by the Incident
Commander and Floor Wardens direct the employees back into the building.

Critical Facility Operations:         The Safety Director, Facilities Staff and the front desk
                                      receptionist are authorized to remain in the facility if
                                      their operations are needed. No other employees are
                                      authorized to be in the building during a fire alarm
                                      activation.

Employee Head Count Procedures:

Employees designated as Floor Wardens will conduct a head count once the evacuation has
been completed and employees are in their designated outdoor staging locations. There is at
lease one Floor Warden for each forty employees in the workplace to provide adequate
guidance and instruction at the time of a fire emergency. The employees who serve as Floor
Wardens are selected and trained in the complete workplace layout and the various escape
routes from the workplace. All trained Floor Warden personnel are made aware of employees
with disabilities who need assistance. A “Floor Buddy” will assist the mobility impaired
employee with exiting the building. Floor Wardens are trained to avoid hazardous areas of
the building. Prior to leaving, Floor Wardens check meeting rooms, storage rooms and other
enclosed spaces in the workplace for employees who may be trapped or unable to evacuate
the area. A copy of the Floor Wardens Roster is enclosed and updated annually.

First Responder Team members will be alerted by pager and activated during a fire alarm and
or fire drill. The First Responder Team duties are to respond to the front desk and stand by
for a medical emergency (an example would be smoke inhalation), assist mobility impaired
employees at the glass elevator location, assist customers, visitors and students in the large
training room and provide rescue duties in case of an emergency requiring rescue.

Facilities Management team members are responsible for setting up four external checkpoints
outdoors on all four corners of the Town Square Building. Facilities staff will activate their
portable radios and coordinate the evacuation of the building with Floor Wardens. Facilities



                                               49
staff will receive updates from the Incident Commander regarding the situation. Facilities
Management staff will receive and pass along the “all clear” message and assist in returning
employees to the building. Facilities Management team members will be responsible for
traffic as employees cross streets enroute to their designated staging areas. High Visibility
Traffic Vests will be provided to Facilities members as a safety and identification measure
while they are directing employees and/or traffic.

Medical Emergency:

Notify First Responder Team at 282-6565 or 293-1676
Dial 9-911 for St. Paul Fire Department Paramedics
Give building address and suite number, exact location, symptoms, etc.
Stay on the line if possible
Send someone to guide the emergency teams to your location

First Aid Only

For minor injury where first aid kit and first aid suppli9es are needed, call 282-6565 or 293-
1676 and ask for the DPS First Responder Team.

The Department of Public Safety Town Square location maintains a 14 member volunteer
emergency medical first responder team. Designated First Responders are able to provide
medical assistance within their capabilities to employees requiring such services during an
emergency or non emergency situation. The following individuals are designated First
Responders:

Jason Amborn              Jon Swanson                    Don Marose         Sandra Wintz
Pete Rowan                Sandy Jadwin                   Monica Vogel        Luke Anderson
Dan Bernardy              Tamara Bohmert                 Jon Sorlie         Annette Wuertz
Dan Munthe                Dana Garry                     Nathan Lind        Jon Nisja
Jerod Anderson            Shannon Brewin                 Bob Berg           Security Officers

First Responders will also assist during fire evacuation and severe weather emergencies.

Severe Weather:

The Safety Director, DPS Front Desk Staff and Town Square Security will monitor the
NOAA Weather Radio and Scanner on a daily basis.

If a severe weather watch or warning or a tornado watch or warning is issued for Ramsey
County, an alert tone will be received by the weather radios at Town Square.

DPS front desk staff and town square security will be responsible for notifying Floor Wardens
by e-mail and by PA announcement. The Safety Director and First Responders will be paged
by the front desk staff advising them of the situation.
A severe weather watch or tornado watch will not require a move to shelter.



                                               50
A severe weather warning or tornado warning will require all employees to move to their
designated shelter area away from windows. Floor Wardens will be responsible for moving
employees, customers and visitors away from windows and into the designated shelter area in
their area of control.

Vacate all areas near windows.

Close doors.

Wait for “all clear” from Security and Floor Wardens.


Terroristic Threats:

Take all threats seriously

For personal threats and bomb threats:

Report them to your supervisor and Town Square Security at 293-1676. Notify DPS front
desk and Facilities Team at 282-6565. Security will contact the St. Paul Police Department
and begin their internal procedures to deal with the threat. Do not discuss the threat with
anybody until you are debriefed by Security and/or the St. Paul Police Department. If the
threat was received by phone, after hanging up, immediately dial *57 to trace the origination
point of the call.

Bomb Threats will require a brief search of your work area for unusual or unfamiliar
packages. Do not touch, more or open suspicious items. Report any suspicious items to
Town Square Security Officers at 293-1676. Evacuation may be ordered on a limited basis.
Evacuation may be ordered by face-to-face contact with area supervisors and/or by e-mail. In
most cases, the fire alarm system will not be used unless a large scale risk is determined to be
present. Interior sheltering may be considered along with evacuation.

Power Outage:

Notify DPS front desk at 282-6565.

Notify Floor Wardens and First Responders. Floor Wardens and First Responders are
provided with flashlights to assist with emergency lighting needs in the event of a power
outage.

Town Square Facilities Maintenance staff will attend to the power outage problem.




                                               51
Elevator Emergency:

Notify DPS Front Desk at 282-6565.

DPS Front Desk will notify Security, Maintenance and First Responders if needed.


Building Evacuation Roles and Responsibilities:

Security Manager: Serves as overall Incident Commander

Security Officers: Respond to emergency scene

Security Dispatcher: Relays information via Town Square Low Power Radio System and
Security Radio System

DPS Safety Director: Serves as DPS Incident Commander and establishes joint Incident
Command with Security IC.

DPS Checkpoint Leaders: There are four Checkpoint Leaders. During a Building Evacuation
Incident, Checkpoint Leaders establish a Checkpoint Position outside of the Town Square
Building. Checkpoint Leaders receive accountability information from Floor Wardens.
Checkpoint Leaders are issued portable radios. Checkpoint Leaders relay information from
Floor Wardens to the Incident Commander. Checkpoint Leaders make sure that all
employees and customers stay outdoors and do not return to the building during a fire
evacuation. Checkpoint Leaders relay information from the Incident Commander to the Floor
Wardens outside of the building. Checkpoint Leaders are responsible for relocating
employees if advised to relocate by the Incident Commander. The “all clear” will be relayed
by the Incident Commander to the Checkpoint Leaders when it is safe to return to the
building. Checkpoint Leaders are responsible for relayin the “all clear” to Floor Wardens.
Checkpoint Leaders will relay any emergency information to the Incident Commander.

DPS First Responder Team Members: The DPS First Responder Team is the medical
response team for the building. First Responder Team Members are assigned as Backup
Checkpoint Leaders for building evacuation incidents. In the event that a Checkpoint Leader
is absent, First Responder Team Members will automatically assume the Checkpoint Leader
role and duties.

DPS Floor Wardens: Floor Wardens are responsible for evacuation of DPS employees and
customers within their assigned areas of responsibility. Floor Wardens will ensure a safe and
orderly evacuation. Floor Wardens will report to their assigned Checkpoint Leader once
Floor Wardens and employees reach their assigned staging area outside of the building. Floor
Wardens will advise Checkpoint Leader that their specific work group has exited the building.
Floor Wardens will relay information from Checkpoint Leader to employees. Floor Wardens
will receive the “all clear” from the Checkpoint Leader and relay the “all clear” to employees.
Floor Wardens will assist employees with the safe return back into the building.



                                              52
DPS Supervisors: Support and assist Floor Wardens in their duties. Initiate emergency
operations shutdown and lockup procedures. Ensure the safe and orderly evacuation of DPS
employees and DPS customers.

DPS Employees: Follow emergency building evacuation directions given by Floor Wardens
and Supervisors.

St. Paul Fire Department: Fire suppression and rescue duties. Fire Chief or Fire Officer will
respond to Security Desk and establish a command post at the Security Desk. The command
post may need to be relocated as conditions warrant.

Town Square Facilities and Management Staff: HVAC Control. Other Facilities duties
assigned by Incident Commander.

State Fire Marshall’s Office: Support and consultation as needed. May respond to Command
Post at Security Desk.

Public Information Officer: Kevin Smith, DPS Communications Director will serve as DPS
PIO for any Town Square fire/building evacuation incident.




                                              53
54
                                AMERICAN SECURITY LLC

Date:        September 21, 2004

To:          Town Square Security
             Sentinel Property Management Corp.
             Department of Public Safety

From:        Peter Acosta, Account Manager
             American Security LLC

RE:          Suspicious mail procedures for Town Square/NCL Tower and Department of
             Public Safety

      1. Security is notified of a suspicious piece of mail or suspicious package.

      2. Security documents the name, phone and suite number of the person reporting the
         mail/package and the location of the mail/package.

      3. Security should notify Sentinel Property Management Corp. of the situation.

      4. Security dispatches on-site manager to the location of the mail/package to assess the
         threat level. If the on-site manager is not available, a patrol officer will be dispatched.

      5. If the mail/package is in the Department of Public Safety Offices or mailroom, Pete
         Rowan should be notified.

      6. Call 911 and have them pick up the letter/package.

      7. The responding police officer will assess the letter/package and decide if further
         emergency response is needed (Bomb Squad, Haz Mat, etc.)

      8. If a letter has been opened and it is found to contain powder or a foreign substance, the
         people in the immediate area of the letter/package should be kept quarantined in the
         area until authorities release them. Other individuals should not be allowed entrance
         into the exposed area and 911 should be called immediately.

      9. The responding police officer(s) and emergency response units will determine what
         action needs to take place. Assist them in any way you can.

      10. Upon the completion of the incident, the responding security personnel should obtain
          the police case number and write a detailed report.

      11. If the responding security officer is ever unsure whether the letter/package is
          safe, they should not touch it and 911 should be called immediately.




                                                  55
     DPS Town Square Fire Evacuation Checkpoint Leaders (2005)


Fire Incident Commander:                Town Square Security
                                        Peter Acosta, Security Manager

DPS Fire Evacuation Leader:             Safety Director, Jason Amborn

Checkpoint Leader #1:                   Joe Bowler

           Backups:                     Ray French
                                        Sandy Jadwin
                                        Bob Berg

Checkpoint Leader #2:                   Eric Robinson

          Backup:                       Guy Ledman

Checkpoint Leader #3                    Pete Rowan

          Backups:                      Dan Munthe
                                        Dan Bernardy
                                        Jon Nisja

Checkpoint Leader #4                    Shannon Brewin

          Backups:                      Tamara Bohmert
                                        Al Erickson
                                        Front Desk Staff
                                        23rd Floor Staff

Mobility Impaired Group Leaders:        Sheila Tatone
                                        Sandra Wintz



************USE RADIO CHANNEL 1




                                   56
                         DPS TOWN SQUARE                                           Oct 2006
               BUILDING EVACUATION RADIO PROCEDURES

Building Evacuation Checkpoint Locations:
  Evac Leader : TSQ Security Desk (starting point – could move as situation dictates)
  Checkpoint # 1: Cedar Street
              # 2: 7th Street
              # 3: Minnesota Street
              # 4: 7th Place

All radios will be set to Channel #1 (DPS emergency frequency)

1) Establish Evacuation Leader is on site
    - DPS Safety Officer should immediately establish his radio presence - “This is Evac
Leader to all checkpoints – I am set up and ready to confirm”. If one minute passes without
hearing from DPS Safety Officer, then checkpoint # 3 becomes Evac Leader

2) Building Evac. Leader confirms all 4 checkpoints are covered
    - “Evac Leader to checkpoint 1 confirm” .. “Checkpoint 1 to Evac Leader – all set” .. Evac
Leader to checkpoint 2 confirm” .. etc.
    - Radio contact is confirmed by the designated person or the backup.
    - When determined that a checkpoint is not covered Evac Leader will attempt to contact
the nearest designated Backup / First Responder or a volunteer with the extra radio at
checkpoint # 4 may be asked as a final option.

3) Checkpoint Reporting:
     - Once Evac Leader & all checkpoints are in place the Evac Leader will control all radio
conversation*.
     - Evac Leader will say "Evac Leader to Checkpoint # 1 - report"
     - Checkpoint # 1 will say "This is Checkpoint # 1 reporting", then he/she will say the #'s
corresponding to floor wardens that have reported in. Example: "Sections 1, 4 and 6 are clear"
     - Evac leader will respond “This is Evac Leader – copy”
     - Evac Leader will continue report procedure with checkpoints 2, 3, 4
     - Evac Leader should continue contacting checkpoints until all 28 section floor wardens
have reported in.
     - When all 28 floor wardens are reported clear or 5 minutes have passed, the Evac Leader
should then report to TSQ Security the evacuation status of DPS. Example: "All of DPS is out
of the building" OR "All DPS is out of the building except for sections....”.
     - TSQ Security will then report to the Fire Chief on the scene.
     - The Evac Leader will keep monitoring checkpoints and keep TSQ Security updated on
any changes to the reported exceptions

 4) Evacuation Updates (once DPS is clear of Bldg.)

    - The Evac Leader needs to provide Evac Updates to checkpoints as soon as possible.



                                              57
 5) Return to Building

    - When TSQ Security gives the OK to return to the building, Evac Leader will contact all
checkpoints at one time. Checkpoints will then pass the message "to return" onto the people
assigned to their staging area.

* EMERGENCY NEEDS:
   Checkpoints can interrupt Radio Procedures for Emergency Messages
   Example: First Responder requests, Security violations, Fire Dept. activities, etc.




                                              58
            MOBILITY IMPAIRED EMERGENCY EXIT PLAN
                          As of 10/6/2006

Plan A:

Floor warden(s) check the assigned area and insure that Mobility Impaired Group is
accounted for.
Mobility impaired individuals leave their work stations and wait for the group under the
skylight.
Once all the mobility impaired members are accounted for, the group moves together to the
glass elevator exit.
Group takes glass elevator to Street Level.
Group exits building via drive thru or cedar street doors. Floor Warden decides based on
crowd and circumstances.
Floor warden leads group to assigned rally point on Cedar Street.
Floor warden should recruit add’l buddies at rally point if needed.
Floor warden reports exiting status to Check Point #1.
Check Point #1 reports floor warden’s info to Fire Command.
Floor warden remains near the Check Point person for updates.

Plan B: (if glass elevator is not an option)

Floor warden determines who can and cannot take the escalator to Street Level.
Floor warden assigns a buddy(s) to the employee(s) who are unable to use escalator.
Floor warden sends non escalator employee(s) and buddy(s) to dock with instructions to
remain there for pickup by Fire Dept.
Floor warden leads remaining group up escalator to Street Level.
Group exits building via drive thru or Cedar Street doors. Floor warden decides based on
crowd and circumstances.
Floor warden leads group to assigned rally point on Cedar Street.
Floor warden should recruit add’l buddies at rally point if needed.
Floor warden reports exiting status to Check Point #1 including the names of the employees
waiting on the dock.
Check Point #1 reports floor warden’s info to Fire Command.
Fire Command reports to St Paul Fire Dept and assistance to the dock will be immediately
dispatched.
Floor warden remains near the Check Point person for updates.

Plan C: (If waiting on dock is not an option)

Employees sent to dock area must head to one of two building freight elevators. The closest
one is about 100 feet east of the dock. This elevator requires a DPS access card to operate.
The other one is about 600 feet from the dock in the south west corner of the Concourse.
Take one of these freight elevators to Street Level.
Go to nearest emergency exit on Street Level.


                                               59
Report to the nearest Check Point.
Check Point reports info to Fire Command.
Fire Command reports to St Paul Fire Dept.
Check Point #1 should be monitoring all radio communication and reports new info to floor
warden.

Employee(s) and buddy remain near check point for updates.




                                            60
61
62
Department of Public Safety First Responder Team Town Square
      Location Operations Guidelines Updated 3-16-2006


 History: The Department of Public Safety First Responder Team at the Town
 Square location in Saint Paul, Minnesota was started in 1997.

 Purpose and Directives:

 1.    Provide Basic First Aid Services to Department of Public Safety employees
       and customers at the DPS Town Square location.
 2.    Respond to Emergency Medical Incidents at the DPS Town Square location.
       “First Respond” for the Saint Paul Fire Department Paramedics and provide
       assistance prior to the arrival of the SPFD Paramedic Ambulance.
 3.    Operate the Automatic External Defibrillator (AED) and provide Cardio
       Pulmonary Resuscitation (CPR) when needed on Emergency Medical
       Incidents.
 4.    Assist the Saint Paul Fire Department Paramedic Ambulance with gaining
       access to DPS leased space during a Medical Emergency.
 5.    Assist with Fire Evacuation Duties and Severe Weather Sheltering Duties as
       directed by the DPS Safety Director.
 6.    Participate in periodic Health and Wellness promotion programs for
       Department of Public Safety employees at the Town Square location.

 Oversight and Leadership:

 1.    Team Oversight and Direction will be provided by the DPS Commissioner’s
       Office, the Minnesota Attorney General’s Office and the DPS Human
       Resources Director.
 2.    The DPS First Responder Team will operate under the Safety Department
       and will be Supervised by the DPS Safety Director.
       The DPS Safety Director will maintain current licensure as an Emergency
       Medical Technician and will provide operational direction, organization and
       training for the first responder team members.

 Operational Area:

 1.    The Department of Public Safety First Responder Team is authorized by the
       Commissioner’s Office of the Department of Public Safety to respond to
       calls in Department of Public Safety leased space areas at the Town Square
       location. The Department of Public Safety First Responder Team is not
       authorized to respond to calls outside of Department of Public Safety leased
       space.
 2.    The Department of Public Safety First Responder Team is not authorized to
       respond to calls outside of the Town Square building. The First Responder
       Team is considered an “onsite” indoor First Responder Team only for the


                                     63
       444 Cedar Street and 445 Minnesota Street work locations of the Department
       of Public Safety.
3.     If Department of Public Safety’s Front Desk Staff and or Department of
       Public Safety First Responders receive a request to respond outside of DPS
       leased space, the Front Desk Staff and or the First Responders must
       immediately request Security 651-293-1676 and the Saint Paul Fire
       Department Paramedics 9-911 to respond to the emergency in place of the
       DPS First Responder Team.

Types of Calls:

1.     First Aid Calls-The First Responder Team may be called out to provide basic
       first aid assistance and distribute basic first aid supplies. A First Aid Call is
       not serious in nature and an Ambulance is not needed. An example of a first
       aid call would be a minor finger laceration. Please refer to guidelines.
2.     Emergency Medical Calls: The First Responder team will be called out to all
       Emergency Medical Calls that occur in DPS leased space. An emergency
       medical call is serious in nature and an Ambulance is required to respond to
       all Emergency Medical calls. Please refer to guidelines.
3.     Special Assistance Calls: The First Responder Team may be called out to
       assist with Building/Fire Evacuation Duties and Severe Weather Sheltering
       Duties as directed by the Department of Public Safety’s Safety Director.

Dispatching/Team Activation/Team Callout:

1.     The Department of Public Safety team can be dispatched and activated by
       the DPS Front Desk staff and by Town Square Security. The team can also
       be dispatched by the Safety Director.
2.     Requests for a First Responder Team response may be received at the DPS
       Front Desk and or Town Square Security by the following methods:
       Telephone, Radio, E-mail, or Reverse 911 call from the Saint Paul Fire
       Department Dispatcher.
3.     Upon receiving a request for a First Responder Team response, the DPS
       Front Desk and Town Square Security must immediately dispatch the First
       Responder Team.
4.     In the event that the request for First Responder Team response is for an
       Emergency Medical Call, and if no First Responders are available, then the
       DPS Front Desk and Town Square Security must call 9-911 immediately.
5.     Individual First Responder Team Members may initiate a First Responder
       Team callout by contacting the DPS Front Desk and Security by Radio and
       requesting the DPS Front Desk and Security to callout/dispatch the team.

Security:

1.     Town Square Security will be notified and will respond with the Department
       of Public Safety First Responder Team on all calls for assistance at the DPS



                                       64
      Town Square location. This includes all First Aid Calls, all Emergency
      Medical Calls and all Special Assistance calls.
2.    It is the intention of the DPS First Responder Team to partner with Town
      Square Security and work together with Security on all calls and incidents
      that occur in the Town Square work location.

Saint Paul Fire Department:

1.    It is the intention of the DPS First Responder Team to partner with the Saint
      Paul Fire Department Paramedics and work together with SPFD on all calls
      and incidents that occur in the Town Square work location.
2.    The Safety Director will be responsible for meeting with the Saint Paul Fire
      Department Paramedics and determining how DPS can best assist SPFD with
      their needs.
3.    The Safety Director will forward any information or changes in procedure
      from SPFD to the DPS First Responder Team Membership.

Team Membership:

1.    Membership on the Department of Public Safety’s Town Square First
      Responder Team is open to any DPS employee who works at the DPS Town
      Square location. Employees interested in membership must complete an
      application. Approval to participate must also be obtained from the
      employee’s supervisor and the DPS Safety Director. The DPS Safety
      Director has the final authority and membership approval, membership
      continuation and revocation of team membership.
2.    Membership is 100% volunteer. Members do not receive any type of
      additional pay or benefits for serving on the DPS Town Square First
      Responder Team.
3.    Team Membership duties are secondary to the DPS employee’s regular job
      duties.
4.    Team Members will be provided with training opportunities.
5.    Team Members must complete the following training requirements annually:
      a. Attend at least 4 Training Sessions
      b. Maintain current CPR/AED Certification
      c. Attend 1 annual Bloodborne Pathogens Training Session
6.    Team Members will maintain one of the 3 levels of Certification and
      Training:
      a. Emergency Medical Technician
      b. First Responder
      c. CPR/AED
7.    The Department of Public Safety’s Safety Director will serve as the Unit
      Chief and Supervisor of the First Responder Team. The Safety Director
      may also appoint one team member as the Assistant Unit Chief to assist
      him/her with duties as assigned.




                                    65
8.    All team members must follow directions issued by the Unit Chief and or the
      Unit Assistant Chief. In addition, all team members must follow directions
      issued to them by Saint Paul Fire Department Personnel.
9.    The Department of Public Safety’s First Responder Team will work with the
      Saint Paul Fire Department and the East Metro Medical Control. It is the
      intention of the First Responder Team to operate, response and train within
      all guidelines set forth for First Responder Teams by the Saint Paul Fire
      Department and the East Metro Medical Control.
10.    Incident Command- The Department of Public Safety’s First Responder
      Team will use an Incident Command System. The team member with the
      highest level of Medical Training who is on scene will be the Incident
      Commander. All team members on scene must follow any and all directions
      given by the Incident Commander. The Incident Command Structure will be
      as follows:
      a. Emergency Medical Technician
      b. First Responder
      c. CPR/AED Training Member

      ****Note: Once Saint Paul Fire Department Paramedics arrive on scene.
      Incident Command will be transferred to the SPFD Captain.
      All FR Team Members will then follow any and all directions given by the
      SPFD Captain.

11.   The DPS Safety Director will be responsible to provide training for all First
      Responder Team members.
12.   The DPS Safety Director may coordinate Training with the DPS First
      Responder Team at the BCA Building, 1430 Maryland Avenue East, Saint
      Paul and with Town Square Security, Capitol Security and the MN State
      Patrol.
13.   Emergency Medical Equipment: The following Emergency Medical
      Equipment will be provided for First Responder Team Use.
      a. Orange First Aid Bag
      b. Red AED (Automatic External Defibrillator)
      c. Green Oxygen and Airway Bag

      ***All Members may use the Orange First Aid Bag and the Red AED
      (Automatic External Defibrillator)

      ******Only Emergency Medical Technicians may use the Green Oxygen
      and Airway Bag.

14.   Blood Pressure Checks – Blood Pressure checks may only be
      administered by Emergency Medical Technicians or First
      Responders (40 Hour licensure). CPR/AED trained members
      May not administer Blood Pressure checks.




                                     66
15.        HIIPA – All First Responder Team members must abide by HIIPA
           regulations. Privacy must be maintained regarding all medical calls and all
           patient information. First Responder Team members may only discuss
           patient information with other team members and the discussion must be for
           run review and training purposes only. First Responder Team members are
           strictly forbidden from discussing any patient information with other DPS
           employees, customers, or the general public.
16.        Patient Care – All patients will be treated with respect, dignity and the
           highest levels of professionalism by First Responder Team Members
17.        Refusal of Care by a Patient- If a patient refuses medical care, the DPS First
           Responder Team member must document the refusal of care on the DPS First
           Responder Team run sheet. Security must be present and witness and also
           document the refusal of care. The Saint Paul Fire Department Paramedics
           must be called on a refusal of care for a Medical Emergency. The patient
           refusing medical care must sign off with the Saint Paul Fire Department
           Paramedics Care Refusal documentation form. The Saint Paul Fire
           Department Paramedics will also consult with a physician at Regions
           Hospital/East Metro MRCC Medical Control regarding the refusal of care.
           The final authority on refusal of care is the physician at Regions
           Hospital/East Metro Medical Control.

           Note-*****DPS First Responder Team members may not sign off on a
           Refusal of Care under any circumstances. Refusal of Care must be
           completed by SPFD and Regions MRCC.

18.        First Aid Supplies will be provided for FR Team Members to use in the
           following locations:
      a.   DPS Front Desk on Skyway Level
           -Orange First Aid Bag
           -Red AED Unit
           -Green Oxygen/Airway Bag
      b.   HSEM
           -Orange First Aid Bag
           -Yellow AED Unit-(Wall Mounted in EOC)
           -Green Oxygen/Airway Bag
      c.    Workrooms
           -Wall Mounted Basic First Aid Kit
           -Wall Mounted CPR Barrier Masks
      d.   Individual First Responder Team Members
           -CPR Barrier Masks and Medical Gloves




                                          67
                 REASONABLE ACCOMMODATION

The Director of Internal Affairs/Affirmative Action, Cassandra O’Hern, is the designated to
be responsible for ADA compliance. The Department of Public Safety is committed to the
fair and equal employment of people with disabilities. While many individuals with
disabilities can work without accommodation, other qualified applicants and employees face
barriers to employment without the accommodation process. It is the policy of the
Department of Public Safety to accommodate qualified individuals with disabilities unless the
accommodation would impose an undue hardship on the agency. In accordance with the
Minnesota Human Rights Act and the Americans with Disabilities Act, accommodations will
be provided to qualified individuals with disabilities when such accommodations are directly
related to performing the essential functions of a job, competing for a job, or to enjoy equal
benefits and privileges of employment. This policy applies to all applicants, employees, and
employees seeking promotional opportunities.

The procedure relevant to reasonable accommodations is provided in the following attached
policy:
DPS Administrative Policy No. 1511-Reasonable Accommodation.




                                              68
MINNESOTA DEPARTMENT OF                           ADMINISTRATIVE POLICY
PUBLIC SAFETY                                      NO.     1511
                                                   SUBJECT Reasonable Accommodation

DIVISION/STAFF OFFICE RESPONSIBLE                 [Signed]
Office of the Commissioner                        APPROVED BY COMMISSIONER

DATE POLICY ESTABLISHED/REVISED                   INTENDED AUDIENCE: All managers and
08/14/1998; 06/02/2003                            supervisors, all HR employers and division personnel
                                                  expeditors



POLICY
The Department of Public Safety is committed to the fair and equal employment of people with
disabilities. While many individuals with disabilities can work without accommodation, other
qualified applicants and employees face barriers to employment without the accommodation process.
It is the policy of the Department of Public Safety to accommodate qualified individuals with
disabilities unless the accommodation would impose an undue hardship on the agency. In accordance
with the Minnesota Human Rights Act and the Americans with Disabilities Act, accommodations will
be provided to qualified individuals with disabilities when such accommodations are directly related to
performing the essential functions of a job, competing for a job, or to enjoy equal benefits and
privileges of employment. This policy applies to all applicants, employees, and employees seeking
promotional opportunities.

DEFINITIONS

ADA Coordinator        ♦ A representative from the DPS Office of Human Resources who has been
                         given the responsibility to perform as such.

Disability             ♦ For purposes of determining eligibility for a reasonable accommodation, a
                         person with a disability is one who has a physical or mental impairment that
                         materially or substantially limits one or more major life activities.

Major Life             ♦ Seeing, hearing, speaking, walking, breathing, performing manual tasks,
Activities               learning, caring for oneself, and working.

Reasonable             ♦ Any modification or adjustment to a job or the work environment that will
Accommodation            enable a qualified applicant or employee with a disability to participate in the
                         application process or to perform essential job functions. Reasonable
                         accommodation also includes adjustments to assure that a qualified individual
                         with a disability has rights and privileges in employment equal to those of
                         employees without disabilities.


PROCEDURES
Reasonable accommodation applies to three aspects of employment:

    ♦ To ensure equal opportunity in the employment process.
    ♦ To enable a qualified individual with a disability to perform the essential functions of a job.


                                                   69
    ♦ To enable an employee with a disability to enjoy equal benefits and privileges of
     employment.

Request for Reasonable Accommodations for Job Applicants
      1. The job applicant shall inform the hiring manager/supervisor of the need for an
         accommodation. The hiring manager/supervisor will contact the ADA Coordinator and
         obtain the necessary forms and information for the job applicant to request a reasonable
         accommodation.

        2. The DPS HR Office in cooperation with the Division Manager will make a decision
          regarding the request for accommodation and, if approved, take the necessary steps to see
          that the accommodation is provided.

Request Reasonable Accommodations for Employees
      1. The Department of Public Safety will inform all employees that this accommodation policy
         can be made available in accessible formats.

        2. The employee shall inform their manager/supervisor of their need for an accommodation
          and the manager/supervisor shall discuss alternatives with them.

        3. The Manager/Supervisor must inform the ADA Coordinator of the request and with
          assistance from the Manager/Supervisor, if needed; the employee shall fill out and submit a
          Request for Accommodation form and an Authorization for Release of Medical Information
          form to the ADA Coordinator.

        4. When a qualified individual with a disability has requested an accommodation, the
          employer shall, in consultation with the individual:
               a. Discuss the purpose and essential functions of the particular job involved.
                 Completion of a step-by-step job analysis may be necessary.
               b. Determine the precise job-related limitation.
               c. Identify the potential accommodations and assess the effectiveness each would have
                 in allowing the individual to perform the essential functions of the job.
               d. Select and implement the accommodation that is the most appropriate for both the
                 individual and the employer. While an individual’s preference will be given
                 consideration, the Department of Public Safety is free to choose among equally
                 effective accommodations and may choose the one that is less expensive or easier to
                 provide or deny the request if it is deemed unreasonable.

        5. The ADA Coordinator may request documentation from the employee’s health care
          provider to support the request. A cover letter to their physician, an ADA Information from
          Physician form (with the essential functions of the position) and the Employee’s
          Authorization for Release of Medical Information will be given to the employee to take to
          their physician. This information must be returned to the ADA Coordinator by the employee
          upon its completion. Any medical documentation will be collected and maintained on
          separate forms and in separate, locked files. No one will be told or have access to medical
          information unless the disability might require emergency treatment.

        6. The DPS Human Resources Office will work with the employee and the
          manager/supervisor to obtain technical assistance, as needed.



                                                  70
        7. The DPS Human Resources Office will provide a decision to the manager/supervisor and
          the employee within a reasonable amount of time upon receipt of the necessary information
          requested.

Examples of accommodations may include acquiring or modifying equipment or devices; modifying
training materials; making facilities readily accessible; modifying work schedules; and reassignment
to a vacant position.

FUNDING OF REASONABLE ACCOMMODATIONS
Funding must be approved by the Department of Public Safety for accommodations that do not cause
an undue hardship (M.S. 43A.191(c)). An undue hardship is an action that is unduly costly, extensive,
substantial, or disruptive, or that would fundamentally alter the nature or operation of the Department
of Public Safety. The availability of funds varies with each agency. The expenditure of funds for the
accommodations over the amount determined to be significant must be approved by the Agency Head.
When determining whether or not to make the accommodation without imposing undue hardship on
the agency, the following factors will be considered:
        - the size of the agency's budget;
        - the nature and cost of the accommodation;
        - the ability to finance the accommodation in relationship to the site(s) where there may be a
           need; and
        - documented good faith effort to explore a less restrictive or less expensive alternative.

APPEALS
Employees or applicants who are dissatisfied with the decision(s) pertaining to his/her accommodation
request may file an appeal with the agency head, within a reasonable period of time, for a final
decision. If the individual believes the decision is based on discriminatory reasons, then they may file
a complaint internally through the agency’s complaint procedure with the Diversity Office.




                                                  71
                              RECRUITMENT PLAN
The Department of Public Safety is committed to hiring diversely. To do so, it must ensure
that qualified protected group applicants are available for hire. In many job classifications,
the Department does not have to actively recruit in order to have protected group applicants in
the application pool. In those job classifications where recruitment is necessary, the Director
of Internal Affairs/Affirmative Action works with the hiring supervisor to determine effective
recruitment tools. Each division within the Department has identified a contact within the
division to work with the Director of IA/AA. Most utilize word-of-mouth strategies to
recruit.

The Department also utilizes informal recruitment opportunities such as community events to
promote public awareness of various public safety issues and participation at conferences
such as Minnesota Human Rights Day. Recruitment activities are shared responsibilities
between the agencies and the Department of Employee Relations. Employment opportunities
are provided via the Resumix database and the department’s internet website.

The Department’s Recruitment Plan is submitted electronically separately.




                                              72
                                 RETENTION PLAN

The Minnesota Department of Public Safety recognizes that investment in human resources is
the best way to ensure an efficient and talented workforce. Many of the positions in the
department are skilled jobs that require high levels of experience and training. To retain our
employees, the Department invests in individual employee development. Every employee has
an individual development plan established as part of the employee’s annual performance
review. This plan identifies training and development opportunities for that individual.

As part of workforce planning efforts, division directors are provided with a list of employees
eligible for retirement in the next few years. This early identification enables mangers to
ensure that existing employees develop the skills necessary to replace the retiring employees.

The Department offers the Department of Public Safety University degree program to provide
and promote learning opportunities for all staff to ensure employees experience continuous
personal and professional growth and actively participate in their own skill building and skills
maintenance. This program is available to all employees. In addition, the Department offers
various other training opportunities throughout the year for employees to develop new skills
or maintain existing ones.

The Department recognizes that employees are the Department’s number one asset and there
must be a supportive environment of motivation. To accomplish this, the Department has an
Employee Recognition Program to recognize employees’ efforts to stimulate employees to
take pride and satisfaction in their jobs and recognize each others accomplishments.

The Department strives to create and maintain a safe and respectful work environment. To
ensure such an environment, all employees are held accountable for their own actions and
expected to adhere to the Department’s policies. All new employees are trained in respectful
communication in the workplace and the prevention of discrimination and harassment.
Managers and supervisors are held accountable to ensure that affirmative action programs are
implemented including efforts to affirmatively retain and promote protected group employees.

The Department makes every effort to retain its protected group employees. All employees
separating from DPS employment are requested to complete an exit interview to afford the
employee the opportunity to provide the Department with input relative to experiences,
feelings and perceptions upon the employee’s departure from the Department. This assists the
Department in its efforts to identify areas of strengths and weaknesses that should be
addressed and to continually improve the work environment. The Director of Internal
Affairs/Affirmative Action follows up with each former employee who indicates on the exit
interview questionnaire or during an exit interview that the employee felt unfairly treated
based on a protected group status.

The Director of Internal Affairs/Affirmative Action analyzes the annual separation data to
determine whether gender, ethnicity or disability status appeared to play a role in the
separation of employees. While statistics cannot determine the reasons for a particular action,


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if the numbers reflect unexpected results, it is a starting point to gather more information
regarding a particular set of separations. This analysis focuses on dismissal or non-
certification, layoff, resignation and retirement as reasons for separation. There were few
layoffs, dismissals or non-certifications in fiscal year 2005 and therefore, the bulk of the
analysis concentrated on retirements and resignations.

In addition to considering gender, ethnicity and disability status, the EEO work group was
also considered. This is an important consideration to determine whether a particular work
group is prone to increased separation based on gender, ethnicity or disability status. In fiscal
year 2005, generally the same number of employees resigned as retired when compared by
gender, ethnicity and disability status. For example, approximately 26 men resigned and 23
men retired. This held true for each classification except for women, where significantly
fewer women retired than resigned. This may be explained by the greater number of men in
the Protective Services job group who retire at age 55. A greater number of women work in
job groups that do not have a mandatory retirement age.

There were no significant differences between resignations and retirements based on job
group except in the case of the Protective Service job group and disability. Almost half of the
total number of disabled employees who separated from the Department were in the
Protective Service job group. This is explained by the nature of the work and the disability
retirement benefits afforded many in this job group.




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